Shultz v. Morgan
Court of Appeals of Kansas
Memorandum. — Error from Kingman district court; S. W. Leslie, judge. Action by Joseph Shultz and W. L. Lenhart against H. P. Morgan to recover a penalty for failure to release a mortgage. A demurrer to plaintiffs’ evidence was sustained, and they bring the case here.
1Opinion of the Court
The opinion of the court was delivered by
Cole, J. :
Plaintiffs in error brought an action in the district court of Kingman county against the defendant in error, H. P. Morgan, to recover a penalty and a reasonable attorney’s fee for the failure to discharge a real-estate mortgage which had been fully paid. Prom a ruling of the court, sustaining a deftiurrer to the evidence and rendering judgment for said Morgan for costs, they bring the case here for review. This action is brought under chapter 68, General Statutes of 1868, as amended by chapter 175, Laws of 1889, (¶3892 ef seq., Gen. Stat. of…
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