Foster v. Lindley

This was an action by appellee against appellant to enforce and collect the penalty provided by section 1091a, Horner’s R. S. 1897, for a failure to release of record a mortgage executed by appellee to appellant, and which it was alleged , in the complaint had been fully paid; that a request to release had been duly made, and that appellant had neglected and failed to release the same. Appellant appeared to the action and challenged the sufficiency of the .complaint by a demurrer, which demurrer was overruled and he excepted. This ruling is assigned as error. The record, as it comes to us,…