Swaine v. Maryott

The Vice-Chancellor.

This is a foreclosure suit. The defence rests mainly upon an agreement, alleged to have been made by the complainants with the defendants, to cancel and surrender the mortgage on which their action is founded. It is said to be lost. What purports to be the original draft of it has been produced. The burden of proving its due execution and contents rests on the defendants. The defendants’ evidence *590on this point comes almost exclusively from the mouth of one of the defendants. He is flatly contradicted by the father of the complainants: Besides, his account of the manner in…