Morey v. McGuire
Supreme Court of Vermont
This action came up from the county court upon the following bill of exceptions, to wit: “ This was an action of trover for spruce mill logs, cedar logs and rails, and cooper-stuff. PJea, the generalissue, and trial by jury.
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This action came up from the county court upon the following bill of exceptions, to wit: “ This was an action of trover for spruce mill logs, cedar logs and rails, and cooper-stuff. PJea, the generalissue, and trial by jury. It appeared in evidence that, in the winter and spring of 1830,. the plaintiff’s intestate cut a considerable quantity of cedar-rail timber, together with several spruce mill logs, and about, one cord of cooper-stuff, upon the farm where he then lived, and drew and placed the same along"the road side upon said farm,part of the cedar timber being split into rails ; that,…
1Opinion of the Court
Hutchinson, C. J.,. . delivered ike opinion of the Court.The deed from Stevens to the defendant was correctly admitted. The certificate of the town-clerk of his having recorded a deed, is only prima facie evidence of the fact. It is not made evidence by any statute ; and if the recording is not full and correct, that may be shown notwithstanding this certificate. The Court must be convinced that the deed has been recorded, before they admit it to be read to the jury ; and it is very convenient and proper for these certificates to be treated as prim.a facie evidence of the fact, when all…
2Cited by6 opinions
- Hastings v. PerrySupreme Court of Vermont · 1848
- Langdon v. PaulSupreme Court of Vermont · 1850
- Lull v. MatthewsSupreme Court of Vermont · 1847
- Hagar v. BrainerdSupreme Court of Vermont · 1872
- Bartlett v. BoydSupreme Court of Vermont · 1861
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