TURNER, SECRETARY OF TRANSPORTATION v. Gilbreath

Spencer, J.:

This is an appeal from a judgment directing apportionment of a highway condemnation award.

Defendant Margaret Sally Keach, together with other defendants not concerned on this appeal, were owners of undivided interests in the real estate taken. The Mission State Bank and Trust Company claims an interest in the real estate by virtue of a mortgage dated November 3, 1971, which purportedly was executed by Keach and acknowledged before Inez Ludwig, a notary public. Keach denies that she executed that mortgage and claims that the certificate of acknowledgment attached is false insofar…