Cornelison v. United States Building & Loan Ass'n

Respondents brought this action to cancel a certain mortgage of record given to secure a note executed and delivered to appellant. Proper demand for the discharge of the mortgage was made and refused. The statutory penalty for refusal to cancel said mortgage, and damages, are also sought to be recovered. The cause was tried to the court. Judgment was had for respondents, from which this appeal is taken.

Briefly stated, the material facts are as follows: On November 11, 1922, respondents borrowed $3,000 from appellant and delivered to it a note and mortgage. The note provided on its face for…