First National Bank v. Plante

This is an action to foreclose a real estate mortgage on land owned by the respondent, Rosa Plante, one of the defendants. The issue in this court is between her and the plaintiff.

Respondent contends that she never executed or acknowledged the execution of the mortgage involved, and therefore that the plaintiff has no lien upon this land. The plaintiff urges that even if this be a fact, which is not admitted, the respondent, by her conduct, is estopped to deny the execution of the notes, the certificate of acknowledgment, and the validity of the mortgage; and further that “even though the…