Ball v. James

Martha I. Fickey died testate, March 11, 1911. Her will was duly probated and plaintiff appointed executor thereunder. A legacy of $600 and a breastpin were all that was left to the defendant, Mrs. N. W. James, a niece of decedent’s. In this action, the executor sought to recover judgment against defendants on their promissory note to decedent of $1,000, dated May 10, 1904, payable two years after date, and prayed that the mortgage securing the payment be fore*650closed. The defendants admitted the execution of both instruments but averred that: “At the time the said note was executed, there was…