Gamble v. Canadian & American Mortgage & Trust Co.
Idaho Supreme Court
APPEAL from District Court, Latah County. Admitting that the complaint failed to set forth the fact "that the notes and mortgage had been fully paid and satisfied,” even then the complaint would be sufficient with the allegation of tender, for whenever a mortgagor tenders to the mortgagee the full amount due under the mortgage, and the mortgagee refuses to accept t|ie same, the lien of the mortgage is thereby discharged and the mortgagor has his statutory remedy for penalty.
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APPEAL from District Court, Latah County. Admitting that the complaint failed to set forth the fact "that the notes and mortgage had been fully paid and satisfied,” even then the complaint would be sufficient with the allegation of tender, for whenever a mortgagor tenders to the mortgagee the full amount due under the mortgage, and the mortgagee refuses to accept t|ie same, the lien of the mortgage is thereby discharged and the mortgagor has his statutory remedy for penalty. (Van Husan v. Kanouse, 13 Mich. 302; Caruthers v. Humphry, 12 Mich. 270; 15 Am. & Eng. Ency. of Law, 873; Daniels v.…
1Opinion of the CourtSullivan, C. J.
— This action was brought to compel the satisfaction of a certain mortgage for damages and penalty provided for by the provisions of section 3364 of the Revised Statutes. It is alleged in the complaint that said mortgage was executed by one Chris G. Longeteig and wife in favor of the defendants Macmaster, and was thereafter assigned to the defendant the Canadian and American Mortgage and Trust Company; that on or about the tenth day of December, 1891, the said mortgagors sold and conveyed to the plaintiff, who is. the appellant here, the mortgaged premises. It is also alleged that the…
2Cited by1 opinion
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