Stewart v. Whitlock

The Court:

The plaintiff advanced his money and took his mortgage, duly executed by defendants Alma Whitlock and his wife Isabel, without any notice or knowledge of the alleged misrepresentations made by the former to the latter with reference to the lands described in the mortgage.

The Court below found as follows:

“ That at the time said mortgage of date August 30th, 1879, was executed, the defendant Isabel was by the Notary Public examined separately and apart from and without the hearing of her husband, and by said Notary then made acquainted with the contents thereof. That the defendant…