Cosgrove v. Fanebust

Citations

• 10 S.D. 213
• 72 N.W. 469
• 1897 S.D. LEXIS 45

Syllabus

<p>1. Proof of the due execution of a note which bears on its face no appearance of alteration is a sufficient foundation for its admission in evidence, and casts on defendant the burden of proving an alteration, and that it was made after the note was executed.</p> <p>2. In a suit to foreclose a mortgage alleged by defendants to contain erasures and interlinations made after its execution, no preliminary inquiry, other than as to the genuineness of the signatures, is essential to the admission of the mortgage in evidence.</p>