Clark v. Sanders

ANDERSON, Chief Justice.

The appellant’s counsel argues propositions not presented by the pleading, as the execution of the mortgages was not only not questioned in the original bill of complaint, but was not denied in the answer to the appellee’s cross-bill. The execution of same was in fact admitted. Apart from this, however, and not unmindful of the statute which forbids an inference in favor of the conclusion of the trial court when the evidence is by deposition, we are of the opinion and so hold that the mortgages were executed by Clark and his wife and separately acknowledged as required…