Kronebusch v. Raumin
Supreme Court Of The Territory Of Dakota
APPEAL from the district court, Walsh county; Hon. W, B. McConnell, Judge. The only question is whether a tender of the amount of the mortgage'debt made and kept good under sections 848, 849, C. 0., constitutes such a satisfaction of the mortgage as will render the mortgagee liable for the penalty prescribed by section 1735, in ease he refuses to satisfy the mortgage. The statute is penal and must be strictly construed.
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APPEAL from the district court, Walsh county; Hon. W, B. McConnell, Judge. The only question is whether a tender of the amount of the mortgage'debt made and kept good under sections 848, 849, C. 0., constitutes such a satisfaction of the mortgage as will render the mortgagee liable for the penalty prescribed by section 1735, in ease he refuses to satisfy the mortgage. The statute is penal and must be strictly construed. Stone v. Lamon, 6 Wis. 497.; Crumbly v. Barden (Wis.), 36 N. W. Rep. 19; Page v. Johnson, 23 Wis. 295.” There is no statute changing this common-law rule in civil eases. Its…
1Opinion of the Court
Cart,and, J.
The respondents commenced an action in the *245district court of Walsh, county against appellant to recover the statutory penalty prescribed by section 1735, Civil Code. Subdivision 6 of that section is as follows: “ 6. When any mortgage has been satisfied, the mortgagee or his assignee must immediately, on demand of the mortgagor, execute and deliver to him a certificate of the discharge thereof, and must, at the expense of the mortgagor, acknowledge the execution thereof so as to entitle it to be recorded, or he must enter satisfaction, or cause satisfaction of such mortgage to be…
2Cases cited1 opinion
- Crumbly v. BardonWisconsin Supreme Court · 1888
3Cited by7 opinions
- Harding v. Home Investment & Savings Co.Idaho Supreme Court · 1930
- Swallow v. First State BankNorth Dakota Supreme Court · 1917
- In re the Mortgage of AgostiniSuperior Court of Delaware · 1943
- Mathieu v. BostonSouth Dakota Supreme Court · 1927
- Caves v. BartekNebraska Supreme Court · 1909
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