Jacoby v. Bell

This was an action to set aside a 1971 deed on the ground of forgery. The lower court entered an order 1) dismissing the complaint and 2) dismissing the counterclaim and cross-claim as moot. We reverse and remand.

Samuel Myer Jacoby, by and through his mother and next friend, Mary F. Jacoby, brought this action to set aside an allegedly forged deed. The warranty deed, purportedly executed in 1971 by his parents, Sam and Mary F. Jacoby, and his uncle, Rudolph Jacoby, gave title in certain valuable real estate to defendant, E.P. Bell.

In 1973 Sam and Mary F. Jacoby were divorced. In the preceding…