Den on Demise of Lyerly v. Wheeler

Two questions are presented by this case to the consideration of the Court. The plaintiff claims title under a sheriff’s deed, and, to establish it, offered in evidence a copy of a decree in Equity made in the Supreme Court in his favor against the defendant. The introduction of this evidence was opposed by the defendant, for the reason that copies of the bill and answer, filed in the case, ought also to be in evidence. The Court admitted the evidence. In this, we think, there was error. The opinion of the Court below was endeavored to be sustained here, upon the act of 1848, ch. 53, passed,…