Carpenter v. Dressler
Supreme Court of Arkansas
Appeal from Arkansas Circuit Court. Geo. M. Chaprine, Judge. By the statute (Kirby’s Dig. § § 3057, 3064) copies of entries made in the books of the land - office, certified by the proper officer, are made evidence to the same extent as the original books and papers would be, if produced. The transcript of the record entries of the land office was sufficient as a link in the chain of title in ejectment.
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Appeal from Arkansas Circuit Court. Geo. M. Chaprine, Judge. By the statute (Kirby’s Dig. § § 3057, 3064) copies of entries made in the books of the land - office, certified by the proper officer, are made evidence to the same extent as the original books and papers would be, if produced. The transcript of the record entries of the land office was sufficient as a link in the chain of title in ejectment. Kirby’s Dig. § § 2738, 2741; 41 Ark. 97; 9 Ark. 559; 43 Ark. 296; 52 Ark. 290; 57 Ark. 153; 73 Ark. 221; 74 Miss. 13. As to use of certified copies in general see Kirby’s Dig. § 757. Neither…
1Opinion of the CourtHire, C. J.
The issues in these cases are identical, and they will be treated for the purposes of the opinion as one case.
I. The first question for consideration is the effect to be given to a certified transcript from the office of the Land Commissioner, when offered in evidence to prove a transfer therein shown. The statute, section 3064, Kirby’s Digest, only provides that, when properly certified, it shall be received in evidence of the existence of the records of which the transcript is a copy. It does not provide whether it shall be primary or secondary evidence, and the question here is whether…
2Cases cited4 opinions
- Boynton v. AshabrannerSupreme Court of Arkansas · 1905
- Woodstock Iron Co. v. RobertsSupreme Court of Alabama · 1888
- Dawson v. ParhamSupreme Court of Arkansas · 1892
- Boddie v. PardeeMississippi Supreme Court · 1896
3Cited by20 opinions
- Cabin Valley Mining Co. v. HallSupreme Court of Oklahoma · 1916
- Raymond v. YoungSupreme Court of Arkansas · 1947
- Falvey v. CoatsCourt of Appeals for the Eighth Circuit · 1931
- Vincent v. BellCourt of Appeals of Texas · 1929
- City of Monticello v. KimbroSupreme Court of Arkansas · 1943
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