Paramount Fund, Inc. v. Cusaac

Bell, Judge:

Paramount Fund, Inc., brought this action to foreclose an unrecorded mortgage of real property allegedly executed by an unknown agent or child of Mattie Cusaac in August 1966. Cusaac died in September 1966. The circuit court ordered foreclosure. Because we believe Paramount failed to carry its burden of proving the existence of a valid mortgage, we reverse.

Prior to her death on September 20, 1966, Mattie Cusaac was the owner of a 13/18 undivided interest in certain property in Florence County. Her five minor children owned the other 5/18 interest. Mrs. Cusaac apparently desired to…