Sliney v. Davis

Though the facts found be accepted as entirely true, and *481the legal principle on which the decree was based be accepted, the decree as entered does not on the record correctly determine the rights of the parties. The counsel who drew it apparently overlooked one of the fundamental propositions which always controls a settlement of the accounts and rights of the mortgagor and mortgagee. Before the mortgagee can be compelled to surrender his title he must receive the money secured by the instrument. The force of this suggestion will appear as we state the case and formulate our conclusions.

The…