Gurske v. Kelpin

This suit was instituted to foreclose a real estate mortgage given by the defendants to plaintiff. One of the defenses was payment. The defendants also sought to recover, by way of a counter-claim, the statutory penalty of $100 for failure of plaintiff to release and discharge the mortgage of record. The court found that the mortgage debt had been paid, and denied defendants the $100 penalty. Both parties complain of the decision. •

■ On the question of payment the evidence was very conflicting. That adduced by the defendants was sufficient to establish that the note and mortgage had been…