Den on Demise of Nicholson v. Hilliard
Supreme Court of North Carolina
In this case the following questions were submitted io the Supreme Court: 1. Shall one who has purchased lands without a warranty, be permitted to give copies of title deeds, except of that immediately to himself, in evidence, wituout an affidavit by himself, to account for the non production of the originals ? 2. Shall a purchaser with general warranty, be permit ted to give such copies in evidence without such alfi. davit.
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In this case the following questions were submitted io the Supreme Court: 1. Shall one who has purchased lands without a warranty, be permitted to give copies of title deeds, except of that immediately to himself, in evidence, wituout an affidavit by himself, to account for the non production of the originals ? 2. Shall a purchaser with general warranty, be permit ted to give such copies in evidence without such alfi. davit. S. Shall a purchaser at a Sheriff's sale, be permitted to give such copies in evidence, without such affidavit.
1Opinion of the CourtTavxok, Chief Justice
The law, proceeding upon the rule, that the best evidence, the nature, of the thing is capable of, shall be produced, requires the person who ought to have the custody of the deed, to exhibit it to file Court, in the necessary deduction of his title | and in such case, a copy from (he Register’s Office,-or even inferior evidence, bas by the constant practice of Courts in this State, been ad- * mitted, upon the oath of the party, that the original is lost or destroyed. If it be in the adversary’s possession, notice to produce it must be given, to authorise the introduction of secondary…
2Cited by3 opinions
- Liberty Chair Co. v. CrawfordSupreme Court of North Carolina · 1927
- Mahoney-Jones Co. v. OsborneSupreme Court of North Carolina · 1925
- McFarland v. . PattersonSupreme Court of North Carolina · 1816