Hourtienne v. Schnoor

Campbell, J:

Complainant filed her bill to avoid a mortgage made on the homestead of her husband during their family occupation of it, alleging that she never knowingly signed or acknowledged it.

There are some suspicious circumstances about the case, but there is no doubt of the mortgagee’s good faith, nor of the fact that the money was borrowed and used to build a house on the premises. The justice who took the acknowledgment swears quite distinctly upon the facts, and there is corroborating evidence.

All presumptions in cases of this kind must be treated with reasonable respect to the…