Fulton v. Preddy

This is an action of ejectment. Both parties claim under alleged conveyances from Rhoda *299Reed, wife of Samuel B. Reed. ' Plaintiffs claim under a deed made by Rhoda Reed, executed on the 25th day of September, 1889, and delivered to Henry C. Smith in escrow, to be delivered to the plaintiffs at the death of the grantor. The defendant claims under a deed alleged to have been made to Samuel B. Reed between the years 1877 and 1879, and subsequently lost without being recorded. The jury found that this last-mentioned deed never existed, so that the case turns upon the questions of whether there…