Berryman v. Dore

On August 9, 1923, defendants executed and delivered to plaintiff a promissory note for $1,500, due one year from date, and a real estate mortgage securing the payment thereof. On December 10, 1923, plaintiff executed and acknowledged before a deputy county recorder a marginal release on the record of the mortgage, in the following words:

“I hereby certify that this mortgage and the indebtedness secured hereby is fully paid, satisfied and discharged.

“aW. BERRYMAN.

“Signed and acknowledged before me the 10th day of December, 1923.

“H. A. BENSON,

“County Recorder.

“By RUTH F. HILLIARD,

“Deputy."

Plaint…