Collier v. Pryor

ANDERSON, Chief Justice.

The mortgage -was signed by the mortgagor by mark, and was attested by one Will Wright, who wrote his name as subscribing" witness. This was a prima facie compliance with section 1 of the Code of 1923. But Will Wright, when he took the stand as a witness, testified that, while he signed the mortgage as a witness, the mortgagor, Collier, did not make his mark and, in fact, was not present. In other words, in effect, testified that his certificate of attestation was false. After this, the, trial court permitted other persons, who did not subscribe as attesting witnesses,…