Levine v. Teal

The action was brought by the Teals, husband and wife, to cancel a mortgage in the form of a deed theretofore given to defendants on plaintiffs’ homestead. Defendants, by cross-petition, sought judgment against plaintiffs on alleged indebtedness and for foreclosure of the lien of the mortgage. Jury was waived and the cause tried to the court, resulting in judgment in favor of plaintiffs.

On appeal defendants contend that the judgment is contrary to the evidence and clearly against the weight of the evidence.

Essential and undisputed facts are that plaintiff Johnnie Teal was employed as a porter…