Johnstone v. Burhans

On December 29, 1906, the defendant Mary A. Burhans executed her bond to the plaintiff to secure the payment of $2,000 on the 1st day of January, 1908, “with the privilege to said obligor of paying the *485whole of said .principal sum on or after July first, 1907, upon giving thirty days’ notice of her intention so to do.” A- mortgage was given to secure the payment of the sum specified in the bond. On or about the 17th day of October, 1907, the amount due on the bond and mortgage was paid to the plaintiffs attorney, since deceased. Subsequently it turned out that the satisfaction-piece given to…