Hamilton v. Adams

Appellant sued appellee in a statutory action of detinue for a team of horses and a wagon. Plaintiff’s title was predicated on a mortgage signed “W. M. Adams” and attested by two subscribing witnesses. The execution of the mortgage was denied by a sworn plea. The trial was before the court without a jury, and, upon hearing the evidence, the court, holding the mortgage to be invalid, gave judgment for the defendant.

It is not disputed that Adams was unable to write Ms name. Plaintiff’s case was that Adams requested the mortgagee, plaintiff’s intestate, to subscribe his (defendant’s) name to the…