Oates, Et Ux. v. New York Life Insurance Co.

This suit was brought in the Circuit Court for Polk County, Florida, to foreclose a mortgage lien upon homestead property held by husband and wife by the entireties, the defense being that the wife’s execution of the mortgage was not acknowledged by her before an officer as required by the statute. Section 5676 (3803) C. G. L. The wife signed the note and mortgage, and the officer’s certificate states that she acknowledged before him the due execution of the mortgage by her.

The decree appealed from was for plaintiff and was reversed for error in striking evidence as to whether the married…