Miller v. Gayman

EAGER, Special Commissioner.

Plaintiff sued defendants in two counts. The first count was on a note of defendants for $35,000 payable to plaintiff’s testatrix and her husband, who predeceased testatrix; the note was secured by a mortgage on land in Illinois. Plaintiff alleged ownership in Isabel R. Kirchner, her testatrix, by survivorship. It was further alleged : that the note could not be produced by plaintiff because it was lost or inadvertently destroyed, but that it was not in the hands of anyone having legal or equitable title thereto; that the mortgage was unsatisfied of record; that…