Calvin v. Free

The opinion of the court was delivered by

Cunningham, J. :

This was an action in replevin by Calvin, as administrator of the estate of John G. Martin, deceased, to obtain possession of two promissory notes admitted to have been the property of the said Martin in his lifetime, and in the possession of the defendant in error at the bringing of the action. The defendant claimed them as a gift from the deceased, either causa mortis or inter vivos. The facts are undisputed and appear in the following extracts from the evidence of Mrs. Free :

“Q,ues. Did you know John G. Martin, who is now dead? Ans.…