Mitchell v. Weaver

It is alleged in the complaint of the appellee that, on the 18th day of April, 1881, Abraham Weaver was the owner of a tract of land; that he mortgaged it on that day to Samuel M. Mitchell to secure a debt of $6,-500; that he agreed with the appellee, in consideration that she would join with him in the mortgage, to convey the land to her, subject to the mortgage; that he did convey the land to her on the 21st day of April, 1881; that the deed executed on that day was lost; that, on the 17th day of November, 1885, he executed to her a deed in lieu of the one which had been lost, and that this…