Sanders v. Farrier

On Motion for Rehearing.

The appellant insists that we were in error in not rendering judgment in his favor and on the claim bond, since the undisputed evidence shows that the mortgagee received payment from the mortgagor of all the indebtedness due after default, and without sale of the property' under the stipulation in the mortgage, and that he had turned the property back .to the mortgagor under circumstances rendering redelivery to the officer impossible.

In the original opinion it was determined that the evidence did not show the full payment of the mortgage debt and final discharge of…