Phifer v. Abbott

In proceedings brought by Lucy B. Abbott to enforce a mortgage lien upon real estate given by Martha P. Perry to Margaret S. Abbott, it is alleged “that on July 21, A. D. 1890, the said Margaret S. Abbott died, leaving as her sole heir Lucy B. Abbott, your oratrix herein, who immediately went into possession of all the property left by her mother,- said Margaret S. Abbott, deceased.” Among the grounds of a demurrer to the bill of complaint was one that “it does not appear that the complainant is entitled to institute suit upon .said note and mortgage, or that she is the leghl owner thereof.”…