Mathews v. Union Central Life Insurance

*2The opinion of the court was delivered by

Johnston, C. J.:

The plaintiff asked damages for the failure of defendant to release a farm mortgage. This is the third appearing of the case in this court. (Mathews v. Insurance Co., 104 Kan. 254, 540, 178 Pac. 609, 179 Pac. 974; Id., 107 Kan. 669, 193 Pac. 337). The plaintiff recovered, and defendant again appeals.

As shown in the earlier appeals, it was stipulated that the mortgagor had the privilege of paying the rhortgage debt before it matured in case of a sale of the farm. On March 17, 1917, a sale was made to a purchaser on condition that the…