Bretch v. White

The question for our determination is whether notes and a real estate mortgage, signed by mark but not in compliance with the statutory requirements, áre validated by the acknowledgment on the mortgage, regular in form, and by proof that such mark was in fact made and the money received by the mortgagors.

There is no dispute about the facts. Sallie M. White and Maud H. White, her daughter, borrowed $3,500 from Sam Bretch and executed a series of notes and a mortgage as security. He paid the money pursuant to their instructions, most of it going to a creditor of Maud White. The name of Sallie…