Larson v. Ames Church of Christ

This action involves the foreclosure of a real estate mortgage as to the balance due thereon. The defendants in their answer plead payment of the mortgage indebtedness and tender in proof a release on the margin of the record of said mortgage. A release of the mortgage is prima-facie proof of payment. The sole question before us is whether the facts pleaded and proved by plaintiff are sufficient to overcome the primafacie case so established by defendants.

It appears from the record without dispute that the Ames Church of Christ purchased four separate lots as a site for their new church…