Degenhart v. Short

JAMES, Chief Justice.

The amended pleading of plaintiff Degenhart, upon which the case went to trial, alleged, in substance, as follows: That George V. Hughes, in June, 1889, sold him a lot, taking plaintiff’s notes in small amounts for the greater part of the purchase money. That afterwards, about May, 1890, Hughes represented to plaintiff that he had lost the notes, and upon this plaintiff executed to him like notes of same date, amounts and maturity, thereby replacing the originals, and also executing a deed of trust in connection with them, with T. E. Eakins as trustee. That these last…