Alta Silver Mining Co. v. Alta Placer Mining Co.

Hayne, C. Suit to foreclose a mortgage alleged to have been executed by the Alta Placer Mining Company. This defendant made default. The other defendants had judgment liens upon the mine. The property was sold under one of these judgments to certain of the defendants, to whom a sheriff’s deed was issued in due course. The court below gave judgment for the plaintiff, and all the defendants except the company appeal.

The points made relate to the validity of the mortgage. The final clause of the mortgage and the signatures are as follows:—

“ In witness whereof the said party of the first part has caused these presents to be subscribed by Robert Rauhut, its agent for that purpose, thereunto duly authorized by resolution and order of its board of directors, and the private seal of said Robert Rauhut, hereby adopted for that purpose as the seal of said corporation, [631]to be thereunto affixed this the day herein first above written.

(Seal) “ Robert Rauhljt, Agent.

“ Witness: J. E. Prewett, Auburn.

“Witness our bands and seals this second day of March, A. D. 1886.

(Seal) “ E. D. Boyle,

“ President Alta Placer Mining Company.

(Seal) “John S. Orndoree,

“Secretary Alta Placer Mining Company.

(Seal) . “Anton Boegle,

“ Stockholder.

(Seal) “J. W. Parrish,

“Stockholder.

“Witness: P. E. Shannon.”

Then follows a certificate of acknowledgment by Rauhut before a notary. And then comes the following:—

“We, the holders of two thirds of the capital stock of the Alta Placer Mining Company, hereby ratify the foregoing mortgage.

“Witness our hands this February 12, 1886.

“Robert Rabhut.

“Anton Boegle.