Robinson v. Brennan
Massachusetts Supreme Judicial Court
Writ oe entry to foreclose a mortgage held by the plaintiff’s testatrix, under an assignment from one Mrs. Friel. At the trial in the Superior Court, before Wilkinson, J., the following facts appeared: The mortgagor signed the mortgage and notes by making his mark.
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Writ oe entry to foreclose a mortgage held by the plaintiff’s testatrix, under an assignment from one Mrs. Friel. At the trial in the Superior Court, before Wilkinson, J., the following facts appeared: The mortgagor signed the mortgage and notes by making his mark. The attesting witness, an attorney at law, who drafted the mortgage, testified that he witnessed the execution of the mortgage by the mortgagor, on September 22, 1856, but that bis recollection of the transaction was general; that he could not say whether the defendant asked him to attest the mortgage and notes or not; and could…
1Opinion of the Court
By the Court.
The attestation, with the testimony of the attesting witness, was sufficient evidence of execution to be submitted to the jury. The deeds referred to in the mortgage make the description certain, and were rightly admitted in evidence.
Exceptions overruled.
2Cited by5 opinions
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- Larsen v. DillenschneiderMassachusetts Supreme Judicial Court · 1920
- Moses v. MorseSupreme Judicial Court of Maine · 1883
- Dodd v. GrollOhio Circuit Courts · 1898
- Perry v. ClarkMassachusetts Supreme Judicial Court · 1892