Rea v. Kelley

Action to cancel a mortgage upon real property. The property was owned by the plaintiff and was registered in his name under the Torrens statute. The mortgage was made by the plaintiff to the Staring Company, a corporation of Minneapolis, and by the company assigned to the defendant. The claim of the plaintiff is that payment was made to the mortgagee. The payment if made was made after the assignment and its entry as a memorial upon the Torrens certificate of title and without actual notice by the mortgagor of the assignment. There were findings for the defendant. ■ The plaintiff appeals…