Cleveland v. Western Loan & Savings Co.

Citations

• 7 Idaho 477
• 63 P. 885
• 1901 Ida. LEXIS 4

Syllabus

<p>Mortgage — Satisfaction—Action by Mortgagor to Have Mortgage Adjudged Satisfied — Usury.—A mortgage given to secure the payment of an usurious contract is satisfied by the payment of the principal debt, whereupon the mortgagor is entitled to satisfaction of such mortgage of record, and upon failure of the mortgagee to so satisfy said mortgage of record, an action for such relief will lie under the provisions of section 3364 of the Revised Statutes of Idaho. A penalty provided by a statute, which also provides how and when the penalty shall be enforced, is enforceable only in the manner prescribed by the statute.</p> <p>(Syllabus by the court.)</p>