Joor v. Joor

(dissenting) — I dissent. Defendant, John C. Joor, admits in his answer that “if such note and mortgage were or are in existence they were the property of P. Joor at the time of his death” and he would be a joint owner with plaintiff under the will of decedent. Defendant did not plead payment. On the issue of the existence of the note and its possession by defendant, plaintiff testified:

“I had a conversation concerning the note and mortgage in this suit with John C. Joor (the defendant) on the street in Maxwell, Iowa, in the fall of 1932 shortly after the bank closed. I told him he would have…