Wakeman v. Akey

Complainant filed his bill to foreclose a mortgage given by defendant to Mark H. Wakeman, as guardian of certain minor heirs. Mark H. Wakeman died June 10, 1866, and complainant succeeded to the guardianship. No dispute arises except as ’to a payment of eight hundred dollars, which defendant claims he made to Mark on the 1st of June, 1866.

No receipt was given, no entry was made by the payee in any book or memorandum which he left behind him, and no money was deposited or found which could have belonged to such a payment. The proof depends entirely on the testimony of defendant, and of one…