Johnson v. Van Velsor
Michigan Supreme Court
Appeal from Barry. Foreclosure. Bill and cross-bill. Complainant appeals. It is unimportant whether a party to an instrument actually signs it if he assents to its being signed for him and acknowledges the .signature, Kerr v. Russell 69 111. 666; Tunison v. Chamblin 88 111. 389; the mere testimony of a party who purports to have acknowledged an instrument cannot overcome the certificate of acknowledgment, Russell v. Baptist Theol.
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Appeal from Barry. Foreclosure. Bill and cross-bill. Complainant appeals. It is unimportant whether a party to an instrument actually signs it if he assents to its being signed for him and acknowledges the .signature, Kerr v. Russell 69 111. 666; Tunison v. Chamblin 88 111. 389; the mere testimony of a party who purports to have acknowledged an instrument cannot overcome the certificate of acknowledgment, Russell v. Baptist Theol. Union 73 111. 337; Liclcmon v, Harding 65 111: 505; a wife who seeks to avoid a mortgage on her homestead on the'ground that she never knowingly signed it, must…
1Opinion of the CourtGraves, J.
This is a litigation by bill and cross-bill growing out of a mortgage transaction. Some explanation from the record is necessary. May 6, 1871, one John E. Yan Yelsor mortgaged to Johnson city lots 1, 2, 3, 4 and 5 of Grant’s addition in Hastings and forty acres of section 27 in Irving and thirty acres of section 8 in Castleton, all in Barry county, for an expressed consideration of $1500. The mortgage was accompanied by Yan Yelsor’s bond. By the terms of the papers, which bore date May 5th, the principal was to be paid in five years, with interest at ten per cent, payable semiannually, and…
2Cases cited7 opinions
- Campbell v. DearbornMassachusetts Supreme Judicial Court · 1872
- Hartley v. FroshTexas Supreme Court · 1851
- Kerr v. RussellIllinois Supreme Court · 1873
- Johnston ex rel. Smith v. WallaceMississippi Supreme Court · 1876
- Hourtienne v. SchnoorMichigan Supreme Court · 1876
2 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Albany County Savings Bank v. McCartyNew York Court of Appeals · 1896
- Quaranto v. SilvermanMassachusetts Supreme Judicial Court · 1963
- Hewitt v. DeanCalifornia Supreme Court · 1891
- Swearingen v. LahnerSupreme Court of Iowa · 1894
- Eggleston v. WagnerMichigan Supreme Court · 1881
27 more not listed; retrieve them via the Exa API.