Lunn v. Scarborough

STEPHENS, Associate Justice.

The deed from L. M. Nail to Thomas J. Williams was improperly excluded from the evidence. When offered as an ancient instrument, the attendant circumstances proven, as shown by bill of exceptions, were at least prima facie sufficient to raise a reasonable presumption of its genuineness. The objection that it did not come from the proper custody was met by the proof that appellant obtained it from the grantee, Williams, who had it in his possession as early at least as 1868, when he returned it to the grantor, Nail, for acknowledgment for record, and that his widow,…