Davis v. Union Trust Co.

This suit was commenced by the appellee against appellants, Mark C. Davis and wife, to foreclose a mortgage executed by them to John Lehman, appellee’s decedent. The complaint averred that, at the date of the death of the said decedent, the note and mortgage in suit were in his possession; but since his death said instruments had been lost, stolen, or mislaid, and that they cannot be found by the plaintiff, after making diligent search, etc. The defendants answered the complaint, first, by a general denial; second, plea of payment. The defendant, Mark C. Davis, also filed a cross-complaint,…