Pletcher v. Albrecht

The opinion of the court was delivered by

Parker, C. J.:

This is an action to cancel a mortgage of record on land located in Smith county. Plaintiff recovered and the defendant appeals.

Inasmuch as the pleadings are not in controversy and there is little if any conflict in the evidence on which the trial court rendered its judgment, the facts necessary to a proper understanding of the appellate issues involved will be stated in the following manner.

On August 15, 1950, Ivan E. Bliss, then the owner of a quarter section of land located in Smith county, secured a real estate loan through F. L.…