Grimes v. Kimball

The demandant is executrix of the last will of David W. Grimes deceased; and this action is brought to recover possession of the demanded premises, which she alleges were conveyed to him in mortgage by Emerson Gardner by his deed dated February 5,1843, to secure the payment of his promissory note of the same date for the sum of $1000. She did not produce either the note or mortgage deed upon the trial. But she did produce evidence tending to prove that such note and mortgage deed were duly made, executed and delivered to the testator; that they were in existence and in his possession at the…