Mathews v. Union Central Life Insurance

The opinion of the court was delivered by

BURCH, J.:

The action was one by a mortgagor for statutory' relief against a mortgagee because of a refusal of the mortgagee to release the mortgage of record. A demurrer was sustained to the petition, and the plaintiff appeals.

The statute involved reads as follows:

“When any mortgage of real estate shall be paid, or when a mortgage shall be recorded in the office of the register of deeds, covering real property in which the mortgagor has no interest, it shall be the duty of the mortgagee or his assignee within sixty days after demand, in case demand can…