Drake v. Drake

Beix, Justice.

This was a suit against administrators for specific performance of an oral agreement to devise land, alleged to have been made by the defendants’ intestate. The plaintiff amended her petition by attaching a copy of a writing which purported to have been signed by the intestate, confirming the oral agreement. When this writing was offered in evidence, the defendants filed an affidavit alleging that it was a forgery. Whereupon “the court stopped the trial of the main case, and the trial proceeded upon said alleged contract and the affidavit,” resulting in the following verdict:…