Mathews v. Union Central Life Insurance

Citations

• 104 Kan. 254
• 178 P. 609
• 1919 Kan. LEXIS 237

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Mortgage — Payment—Refusal to Cancel — Damages—Statutes Remedial. The statute authorizing recovery of statutory damages, additional damages, and an attorney fee, and removal of the cloud on the mortgagor’s title, resulting from wrongful refusal of a mortgagee, on payment of his mortgage and demand, to enter satisfaction of record (Gen. Stat. 1915, §§ 6471, 6473), is remedial, and not penal.</p> <p>2. Same — Tender of Payment Wrongfully Refused — Mortgagor Entitled to Release. Actual receipt of payment by the mortgagee is not essential. Tender by the mortgagor, wrongfully refused, entitles him ,to a release of the mortgage, and, after demand, to invoke the dtatutory remedies.</p> <p>3. Same — Action for Statutory Relief — Sufficient Petition. A petition for relief pursuant to the statute examined, and held to state a cause of action.</p> <p>4. Same — Mortgagee a Nonresident — Action Maintainable. The action may be maintained in this state against a nonresident.</p>