Offenstein v. Weygandt

The opinion of the court was delivered by

Porter, J.:

The Offensteins gave their note for $750, payable to the order of Hymeneus Weygandt, secured by a real-estate mortgage. At maturity they *740paid him the balance due and he executed a regular release upon the back of the mortgage, acknowledging satisfaction, and delivered to them the mortgage and the note, neither of which bore any indorsement or evidence of having been transferred. He had, before that time, executed upon a separate paper an assignment to another person of a one-third interest in the mortgage, which assignment had been duly…