Mathieu v. Boston

MISER, C.

Plaintiffs and appellants are the owners of lands mortgaged by their grantor to secure his debt of $8,000- to defendant and respondent. After certain payments made thereon, and after appellants had acquired said lands, they tendered to respondent the sum of $1,600 in full satisfaction of said mortgage, which tender, upon being refused by respondent, was kept good by deposit in a solvent bank. Appellants thereupon brought suit to cancel said mortgage of record, which terminated in a judgment duly entered, whereby respondent was required to execute, acknowledge, and deliver to the…