Shook v. Benson

The chief and decisive issue of fact in this case is whether or not the complainant Benson inserted in the mortgage executed to him by the respondent, Shook, the words, “payable annually,” immediately following the words, “withi ¡ interest from date,” with the knowledge and consent of Shook.

We have carefully considered all of the evidence in the record. The only testimony relating directly to this question is that of the two parties named — the one positively affirming that the words were so inserted, and the other as positively denying it. But it is clearly shown without dispute, and,…