Mahon's Adm'r v. Sawyer

This ease is before us on the evidence, which in our opinion is clearly insufficient to sustain the finding and judgment below.

A promissory note was filed in the Court below on behalf of Saioyer against the estate of Mahon, deceased, which purported to have been executed by the deceased to Sawyer in 1842. Mahon’s administrator contested the claim, but it was allowed.

On the trial there was no proof whatever of the handwriting of the deceased, or of the execution of the note by him. This was necessary, the statute requiring the execution of written instruments to be denied under oath, not being…