Cressinger v. Dessenburg

This is a bill to foreclose a mortgage given by defendant Dessenburg to Isaac Morse for the sum of $1,425, and bearing date November 17, 1877. The mortgage purports to be collateral to .Dessenburg’s notes of $50 and $1,375 respectively, the first of which was payable the first of January, and the second the first of May following. The defense is that the mortgage was never delivered, and that the second note is-a forgery, as is also the reference to notes in the mortgage.

It is conceded by all parties that at the date of the mortgage Morse owned the land which is described in it, and that he…