Pate v. Mellen

WIGGINTON, Judge.

Defendant has appealed a final judgment which holds that the purported signatures of plaintiff’s decedent appearing on a deed and two mortgage releases were forgeries, thereby rendering the deed and releases null, void, and of no effect.

By her first point on appeal appellant contends that the court erred in holding that the burden of proof required to establish the allegations of plaintiff’s complaint was by a preponderance or greater weight of the evidence rather than by the standard of clear and convincing evidence applicable to cases involving fraud. In support of her…