Beall v. Dick

U.S. District Court

Decided May 15, 1830

U.S. District Court · decided 1830-05-15

In equity. Bill to foreclose a mortgage of real estate in Georgetown, D. C., made by John Peter to T. B. Beall, the plaintiffs’ testator. John Peter afterwards sold the land to Elizabeth Peter, who devised it to the defendants, Margaret Dick and others. The plaintiffs averred that the debt was still due and that the mortgage was a subsisting mortgage, and exhibited an office-copy.

Decided 1830-05-15

¶1THE COURT

(MORSELL, Circuit Judge,

¶2not sitting in this cause) was of opinion that the exemplification of the record of the mortgage was sufficient evidence of the existence of the mortgage and of the debt; and also permitted the affidavit of one of the plaintiffs to be read, as to the loss of the original deed. CRANCH, Chief Judge, however, *1119very much doubting as to tbe propriety of admitting the affidavit, as the court was of opinion that it was not incumbent upon the plaintiffs to produce, or to show the loss of, the original mortgage. See Laws Md. 1785. c. 9, § 7, “or a full copy of the same from the record.”