Shelden v. Freeman

Michigan Supreme Court

Shelden v. Freeman

74 N.W. 1004, 116 Mich. 646, 1898 Mich. LEXIS 751

CourtMichigan Supreme Court

DecidedApril 19, 1898

StatusPublished

Cited by4 cases

This text of 74 N.W. 1004 (Shelden v. Freeman) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Shelden v. Freeman, 74 N.W. 1004, 116 Mich. 646, 1898 Mich. LEXIS 751 (Mich. 1898).

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Opinion

Moore, J.

Complainant filed a bill to foreclose a mortgage. The bill was taken as confessed by all of the defendants except Caroline M. Freeman, who claimed that her signature to the mortgage was a forgery. A decree of foreclosure was granted as prayed, from which decree Mrs. Freeman has appealed.

The only question involved is the question of fact whether Mrs. Freeman executed the mortgage or not. The original mortgage, duly recorded, was offered in evidence. It purported to contain the .acknowledgment of Mrs. Freeman, made before a justice of the peace. Such. a certificate of acknowledgment raises a presumption of the execution of the paper as stated therein. That presumption has not been overcome by satisfactory evidence in this case. Saginaw Building & Loan Ass’n v. Tennant, 111 Mich. 515, and cases therein cited.

The decree is affirmed, with costs.

The other Justices concurred.

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Moore, J.

Complainant filed a bill to foreclose a mortgage. The bill was taken as confessed by all of the defendants except Caroline M. Freeman, who claimed that her signature to the mortgage was a forgery. A decree of foreclosure was granted as prayed, from which decree Mrs. Freeman has appealed.

The only question involved is the question of fact whether Mrs. Freeman executed the mortgage or not. The original mortgage, duly recorded, was offered in evidence. It purported to contain the .acknowledgment of Mrs. Freeman, made before a justice of the peace. Such. a certificate of acknowledgment raises a presumption of the execution of the paper as stated therein. That presumption has not been overcome by satisfactory evidence in this case. Saginaw Building & Loan Ass’n v. Tennant, 111 Mich. 515, and cases therein cited.

The decree is affirmed, with costs.

The other Justices concurred.

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Bluebook (online)

74 N.W. 1004, 116 Mich. 646, 1898 Mich. LEXIS 751, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shelden-v-freeman-mich-1898.

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