Mergener v. Fuhr

Is the release of the plaintiff’s mortgage, which purports to have been executed on July 2, 1918, and recorded on February 4, 1920, a genuine document, or is it a forgery? This inquiry lies at the very threshold of this case, and presents a vital question, which, when solved, acts as a master key, opening up and disclosing whatever mystery there may exist in this case.

Upon the trial of the action the release was unavailable. It was not-disclosed by a search, and a demand upon the representative of Habhegger’s estate and upon his widow did not result in its production. It was evidently…