Lundean v. Hamilton

1. Cancellation of instruments: burden of proof. The plaintiff owned the east 40 feet of Lot 18 of Block 15, Mill Addition to the city of Council Bluffs. On December 12, 1912, she signed a mortgage thereon, securing the payment of a promissory note for $3 600, of even date, and payable three years thereafter. The name of W. S. Hamilton, as payee in the note and mortgage, may have been inserted later. The mortgage purported to be witnessed by Hamilton and C. E. Price, defendant, before *909whom, as notary public, it' was acknowledged, January 14, 1913. It was recorded on the same day. About that…