Hon v. Varnell

Ms. Justice Felts

delivered the opinion of the Court.

This is a suit to set up, as a lost instrument, a deed allegedly executed by the defendant Eliza Yarnell to her son, defendant A. ft. Varnell. The complainant, Daniel B. Hon, claims to have acquired title to the property under a general warranty deed from A. E. Yarnell to secure advancements made to defendant A. E. Yarnell, or, on his order, to other persons.

The case was heard upon oral evidence introduced in open court. At the close of the complainant’s evidence, defendants moved to dismiss the suit on the ground that complainant had failed…