Newcomer v. Sibon

The opinion of the court was delivered by

Mason, J.:

This appeal involves two cases between the same parties, which are similar in facts and were consolidated in the district court. They will be spoken of as though constituting but one action. The plaintiffs are successors in interest of a loan company which lent money on what appeared to be valid mortgages on lands owned by the defendant, but which were in fact forgeries fabricated by the defendant’s husband. The action was brought on the principle of subrogation to subject the lands covered by the forged mortgages to the payment of so much of…