Jackson, on the Demise of Taylor v. Cullum
Indiana Supreme Court
ERROR to the Dearborn Circuit Court.—Ejectment. Plea, not guilty. Verdict and judgment for the defendant.
1Opinion of the CourtScott, J.
On the trial of this cause in the Circuit Court, after the plaintiff had proved a legal title in himself, the defendant offered parol evidence ‘of an outstanding title, founded on a judgment, an execution, a levy, salo, sheriff’s deed, and a return of execution, all destroyed by fire. This evidence was objected to by the plaintiff; but the objection was overruled, and the evidence was permitted to go to the jury; and this is the only error complained of.
On the subject of evidence, the general rule is that the best attainable evidence shall he adduced to prove every disputed fact. The effect…
2Cited by8 opinions
- Doe ex dem. Vaughn v. BiggersSupreme Court of Georgia · 1849
- In re Will of WarfieldCalifornia Supreme Court · 1863
- Derrett v. AlexanderSupreme Court of Alabama · 1854
- People v. DennisMichigan Supreme Court · 1857
- Lessee of Hauer v. ShitzSupreme Court of Pennsylvania · 1801
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