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116 Mich. 646

Shelden v. Freeman

Michigan Supreme Court

Decided April 19, 1898

Michigan Supreme Court · decided 1898-04-19

<p>Appeal from Saginaw; Wilber, J.</p> <p>Bill by Allan Sbelden against Caroline M. Freeman and others to foreclose a mortgage. From a decree for complainant, defendant Freeman appeals.</p>

Relies on Saginaw Building & Loan Ass'n v. Tennant

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1898-04-19

How this case has been cited

Cited by 4 later decisions — most recently November 1964

2 federal appellate · 2 state decisions

2018981900191019201930194019501960decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Moore, J.

¶1Complainant 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.

¶2The 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.

¶3The decree is affirmed, with costs.

The other Justices concurred.
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