Bird v. Ætna Building & Loan Ass'n

Citations

• 110 Kan. 706
• 205 P. 624
• 1922 Kan. LEXIS 131

Syllabus

<p>SYLLABUS BY THE COUET.</p> <p>1. Mortgage Satisfied — Refusal to Release — Evidence of Agency. There was evidence sufficient to uphold a finding of agency to receive payment.</p> <p>2. Same — Question of Fact for Jury. It is not error to submit to a jury a question of fact, where evidence, which may be disbelieved, has been introduced to establish that fact, although there is no evidence to the contrary.</p> <p>3. Same — Special Contract — Expense of Recording Release of Mortgage. Under a contract between a mortgagor and a mortgagee that the mortgagor shall pay for releasing the mortgage if it is paid before maturity, it is the duty of the mortgagee to pay the fee for the release of the mortgage if that amount is paid or tendered to him by the mortgagor.</p> <p>4. Same — Legal Fee for Recording Release of Mortgage. Twenty-five cents is the legal fee to a register of deeds for recording a release of a real-estate mortgage where the release consists of only one folio and is indorsed on the original mortgage.</p>