Barnett v. Bank of Malvern

This is the third appeal in this case. The facts are stated in the case of Barnett v. Bank of Malvern, 176 Ark. 766, 4. S. W. (2d) 17. We will not restate the facts stated in the opinion on first appeal.

The second appeal is reported ante p. 1030, 13 S. W. (2d) 616. The suit was brought by appellant to recover damages for alleged refusal and failure of the mortgagee to satisfy the mortgage record, upon request to do so after payment of the debt secured by the mortgage.

The attorney for the appellee, the bank, had indorsed upon the margin of the decree of the chancery court, the payment in full…