Walden v. Feller

The plaintiff seeks the possession of a paper claimed by plaintiff to have been executed and delivered by the defendant, creating in the plaintiff a life estate in certain premises. The defendant denies the execution and delivery of the instrument in question. The existence of the paper is the issue presented. The plaintiff has no legal claim to the life estate in question except by virtue of the paper. Before possession of the paper could be awarded to the plaintiff, a finding must be made that it in fact was executed and delivered; such a finding necessarily determines the *577title to the real…