Walker v. Dugger

JACKSON, Justice.

Plaintiff Walker sued defendants Richard L. and Letha Dugger for amounts past due upon a promissory note, and for the foreclosure of a third mortgage upon real estate, securing said note. Defendants filed an answer and cross petition in which they admitted execution of the note and mortgage and alleged that a tender of all amounts due, together with the costs of filing and recording a release of the mortgage, had been made and refused, and asked for a judgment under 46 O.S.1961 § 15, which provides for a penalty of 1% per diem against the holder of a mortgage who refuses to…