Hoffman v. Schroeder

Defendant Avondale Savings and Loan Association, hereinafter called Avondale, appeals from a decree holding that a mortgage securing a loan made by it was not a lien upon the interest of plaintiff Marlene Schroeder in certain property registered under the Torrens Act, and that Avondale is not entitled to indemnification out of an indemnity fund created pursuant to that act.

The case involves the rights of a mortgagee who accepted a mortgage signed by two persons, one who procured registration of his title by forgery, and the other an impostor who impersonated one of the true owners.

Although…