Schwartzburg v. Rahtjen

Plaintiffs brought this action for declaratory relief, to establish that certain bonds, owned by the appellants and others, which were secured by a first mortgage on real estate owned by the plaintiffs, had been fully paid, and to discharge the lien thereof.

Lewis and wife, original mortgagors, acquired title to the premises June 20, 1921, and were in possession until Au*528gust 1,1922, on which date, for the purpose of refunding outstanding incumbrances, the trust indenture in question was executed to secure the payment of bonds in the aggregate principal sum of $130,000, maturing serially. The…