Blomquest v. Gardner
Mississippi Supreme Court
Blomquest v. Gardner, 95 Miss. 307 (Miss. 1909)
48 So. 724
Mates
Blomquest v. Gardner
Opinion of the Court
delivered the opinion of the court.
On a careful consideration of this whole case, we cannot assent to the findings of the court below that Mrs. Gardner did not sign the deed in queston. On the facts of this case-, with the witnesses who could clear up this transaction all dead, it should be made to appear by the most undoubted proof that the deed was never signed, and in this we think the testimony fails.
The decree is reversed, and bill dismissed.
Reference
- Full Case Name
- Gustavus Blomquest v. Casie C. Gardner
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- Cancellation or Deeds. Evidence. Signature to deed. When not to be adjudged a forgery. Homestead. Hushand’s ■ deed. Wife’s signature. The signature of a grantor’s wife to a deed conveying his homestead will not be adjudged to have been forged, in the absence of undoubted proof thereof, where the grantor husband, the officer who took the acknowledgment, and the subscribing witnesses to the deed are all dead and the party in possession of the land and those under whom he holds have claimed title under it for years.