Barnhart v. Brown

Opinion by

Keeler, J.,

The sole question raised by this appeal is whether equity has jurisdiction to order the satisfaction of a mortgage to be cancelled when the signature to the satisfaction piece was forged and the certificate of its acknowledgment was false and fraudulent.

The court below sustained the demurrer filed by W. R. Alter, one of the defendants to the plaintiff’s bill in equity, praying that the satisfaction of the mortgage given him by the defendant Brown, and covering the real estate now owned by the defendant Mockus, be cancelled as a forgery, on the ground that there was a full…