Borland v. Walrath
Supreme Court of Iowa
Appeal from, Johnson District Court. Action to foreclose a mortgage alleged to have been executed by defendant, who united with her husband therein. The property conveyed was their homestead. The husband is dead, and defendant and others are joined in the action. The defendant, in her answer, denies that she executed or acknowledged the mortgage, and avers that, as to her, it is void. She sets up the fact that the property described in the instrument is her homestead.
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Appeal from, Johnson District Court. Action to foreclose a mortgage alleged to have been executed by defendant, who united with her husband therein. The property conveyed was their homestead. The husband is dead, and defendant and others are joined in the action. The defendant, in her answer, denies that she executed or acknowledged the mortgage, and avers that, as to her, it is void. She sets up the fact that the property described in the instrument is her homestead. The cause was referred, and upon the coming in of the referee’s report of the evidence and the. findings, which were in favor…
1Opinion of the CourtBeck, J.
1. Acknowledgment: effect of certificate: evidence. The only point presented in this case is one of fact, and is raised by the answer of defendant denying that she executed or acknowledged the morfc* gage. We are required to determine whether this defense is sustained. There is no dispute as to the law of the ease. We will not undertake to discuss at any length the evidence introduced by the parties but will content ourselves with presenting briefly our conclusions, drawn from the testimony.
The defendant testifies positively that she did not sign or acknowledge the mortgage. Her evidence…
2Cited by31 opinions
- Albany County Savings Bank v. McCartyNew York Court of Appeals · 1896
- Grider v. American Freehold Land Mortgage Co.Supreme Court of Alabama · 1892
- Wheelock v. CavittTexas Supreme Court · 1898
- State v. ManlySupreme Court of Iowa · 1930
- Humble Oil Refg. Co. v. Clara May DowneyTexas Supreme Court · 1944
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