Utah Supreme Court March 17, 1902, No. 1346 (Openshaw v. Halfin)

BASEIN, J.-

Tbis is an action to enforce tbe cancellation by defendant of a mortgage which he held upon certain real estate 'of the plaintiff. The complaint alleges that the plaintiff at various times before the institution of the action tendered to the defendant the amount due on the note which the mortgage was given to secure, and requested the defendant to release said mortgage, and that the