Security-First National Bank v. J. G. Ruddle Properties, Inc.

A hearing was granted in this case after . decision by the District Court of Appeal, Third Appellate District, and upon further consideration of the cause we adopt part of the opinion of Mr. Presiding Justice Preston, reading as follows:

“ The principal contention of appellants is that the mortgage or deed of trust was altered, in material respects, after its execution, without the knowledge or consent of appellant Ruddle Properties, Inc.

“Allan Ruddle, a witness for appellants, testified that he was the vice-president of Ruddle Properties, Inc., at the time the mortgage or deed of trust was executed. The original mortgage or deed of trust, together with a copy, were handed to witness by Hugh Landram, the attorney for Ruddle Properties, Inc. He took them home and the next day, August 10, 1922, he, his father, since deceased, and his brother, Garland Ruddle, then secretary of said company, carefully read the said document and the two defendants were identical. Witness testified that there were pencil alterations in both the original instruments and in the copy, and that the alterations were the same in each; that he retained possession of said documents until August 14, 1922,…