Barnett v. Bank of Malvern

This is the second apjteal in this cause; the suit being one brought under §§ 7395 and 7396, Crawford & Moses ’ Digest, to recover damages for the alleged refusal and failure of a mortgagee to cancel tbe mortgage lien upon request so to do after the payment of the debt secured by the mortgage. Barnett v. Bank of Malvern, 176 Ark. 766, 4 S. W. (2d) 17.

The mortgagee, the defendant bank, had brought suit to foreclose a mortgage upon a lot which appellant bought subject to the mortgage. There was a decree of foreclosure, but before the sale appellant paid the mortgage debt, and the attorney for…