Rasmussen v. Mitchell

Defendants appeal from a decree canceling a second mortgage note and trust deed given by plaintiff to Oliver L. Mitchell, the principal defendant, as part of a transaction whereby the plaintiff refunded a prior foreclosed first mortgage held by Mitchell with the proceeds of a Home Owners’ Loan Corporation mortgage. The decree further directed that defendant Bide, trustee in the trust deed canceled, execute and deliver a release of the trust deed and that defendants pay $138.25, being one half of the master’s fees taxed in the case. Plaintiff cross-appeals, charging that the trial court erred…