Ward v. Ross
Supreme Court of Alabama
Trespass by Ross against Ward, in the Circuit Court of Mobile, for the recovery of possession of a lot or land. General issue, verdict and judgement for tbe plaintiff. On the trial the plaintiff gave in evidence a copy, certified by the clerk of the County Court of Mobile, of a power of attorney from Jotham Meeker, of New Jersey, to William Crawford, authorizing him to sell and make conveyance for the lot.
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Trespass by Ross against Ward, in the Circuit Court of Mobile, for the recovery of possession of a lot or land. General issue, verdict and judgement for tbe plaintiff. On the trial the plaintiff gave in evidence a copy, certified by the clerk of the County Court of Mobile, of a power of attorney from Jotham Meeker, of New Jersey, to William Crawford, authorizing him to sell and make conveyance for the lot. The power of attorney appeared to be certified by a notary public, of the State of New Jersey, under his notarial seal; the certificate stating that the letter of attorney “ was duly signed…
1Opinion of the Court
JUDGE CRENSHAW
delivered the opinion of the Court.
The power of attorney was a link in the chain of Ross’ title, and such an instrument as ought to be in his custody. According to a decision made at the present term, a evi- , i • 1 r - i • aence aliunde was not necessary to trace it to his possession ; his affidavit states positively that it was once in his possession, and that after making diligent search, he believes it tp be lost or mislaid. This was a sufficient shewing, according to the practice under the common law, and according to the provision of the statute, to admit the copy in…
2Cited by5 opinions
- Alexander v. AlexanderSupreme Court of Alabama · 1882
- Sulzby v. PalmerSupreme Court of Alabama · 1916
- Fuller v. HollisSupreme Court of Alabama · 1876
- Sulzby v. PalmerSupreme Court of Alabama · 1916
- Ratzer v. RatzerNew Jersey Court of Chancery · 1878