Mitchell v. Bottoms

FOSTER, Justice.

This is a suit in equity seeking to cancel a mortgage on land and personalty on the ground that the debt has been paid, or, in the alternative, to redeem if there remains an amount unpaid.

The court, hearing the case on depositions, decreed that it was due and unpaid, and that complainant be allowed time in which to pay it, in default of which respondents were authorized to proceed with the foreclosure. Complainant appeals.

The mortgage was dated January 15, 1921, due October 15, 1921, and made to T. W. Carpenter, ancestor of respondents. Complainant had previously prosecuted…