Rutherford v. Long & Co.

This action was instituted by J. A. Rutherford and Molly Rutherford, his wife, against J. B. Long & Co., a corporation, to cancel a deed of certain real property given as a mortgage to secure the payment of the promissory note of their sons, Charles and Harry Rutherford, made payable to the defendant, dated January 17, 1921, for the sum of $5,920.27, with interest at eight per cent per annum; it being alleged in the complaint that such indebtedness has been fully paid, and in consequence the plaintiffs are entitled to have the security returned and discharged of record.

By its answer the…