Eisenbarth v. Eisenbarth

MORRIS, Judge.

This is an appeal from a judgment of the district court decreeing the cancellation of a mortgage. The case is here for trial de novo. The property in question consists of *119a house and the tract of land on which it is located at 417 18th Street in the City of Bismarck. The plaintiff alleges that there appears of record in the chain of title to this property a second mortgage dated April 14, 1951, purporting to be given by William E. Eisenbarth and Martha W. Eisenbarth, his wife, to Ed Eisenbarth to secure the payment of $5,000 and that this mortgage purports to have been signed…