Schultz v. Morton

BOND, Justice.

The appellants, R. F. Schultz and wife, Beulah Schultz, instituted this suit against the appellees, W. S. Morton and Walter Hogg, to restrain by injunction the sale of their homestead under the powers of a duly executed deed of trust, and to cancel a note, deed of trust, and other liens affecting the title to the property. The ground for the relief sought was, that the note forming the basis for the liens had been fully paid, and, if not paid, any balance unpaid, appellants tender payment on final determination of the amount due.

The record reveals that, on June 23, 1928, the…