Pascall v. Fidelity Union Trust Co.

The decision depends on the law of evidence. Sarah S. Sheldon, in her lifetime, was seized of real property in Newark. In 1924, she and her husband, John S. Sheldon, mortgaged it to J. Ackerman Coles for $2,500, payable in ten years without interest. Dr. Coles died in 1924, Mrs. Sheldon in 1928, and Mr. Sheldon in 1934. Mrs. Sheldon devised the property to her husband, and he, to complainant Madeline Pascall. The bill prays that the mortgage be decreed to have been satisfied and be canceled of record.

The bond and mortgage never came to the hands of Dr. Coles' executors, but after the death of…