Byrd v. Aspinwall

Byrd et al. brought suit against Aspinwall et al., for a certain tract of land. The plaintiffs relied upon a certain deed from the father of the defendants, purporting to have been made upon a valuable consideration, but not recorded until some time after its execution. The defendants filed an affidavit of forgery to this deed, and claimed title to the land under a deed of gift to them from their father. On the trial the plaintiffs introduced the two attesting witnesses to *2their deed, one of them a justice of the peace; and they both testified positively to the execution of the deed to the…