Stumph v. Wheat Belt Building & Loan Ass'n

The opinion of the court was delivered by

Thiele, J.:

This was an action to compel release of a mortgage and to recover statutory damages and attorney’s fees because of the mortgagee’s refusal to release.

On March 28, 1922, Jessie J. Steward and her husband borrowed $3,000 of the defendant, hereafter referred to as the association, securing the same by a mortgage on real property in Pratt county, Kansas. When the loan was made, in accordance with the statutes applicable to building and loan associations, the borrowers purchased from the association thirty shares of class G installment stock,…