Turpin v. Hayek

Peterson, Justice.

This action was brought to cancel a satisfaction of a mortgage and to reinstate the lien of the mortgage. The answer admits the execution of the mortgage and alleges that it was not delivered and that there was no consideration for it. A counterclaim was interposed for judgment declaring the mortgage void and of no legal force or effect. Findings were made in favor of defendant that there was no delivery of the mortgage and no consideration for it, and judgment was ordered that the satisfaction of the mortgage and the record thereof were of no force or effect. The appeal…