Pfalzgraf v. Ward

This action was commenced August 30, 1935, by the plaintiff in error against the defendant in error, as defendant, to recover the penalty which section 11266, O. S. 1931, 46 Okla. Stat. Ann. § 15, provides that the holder of a real estate mortgage shall forfeit to. the mortgagor for his failure to release said mortgage upon request of the mortgagor.

At the trial the only testimony introduced was that of the plaintiff. After he had testified, the defendant demurred to the evidence. The jury was then discharged and the court took the matter under advisement, thereafter sustaining said demurrer.…