Smith v. Townsend

HEMPHILL, Chief Justice.

—The action in this case was instituted for the recovery of damages for alleged trespass on real property. During the progress of the trial an instrument was introduced purporting to be a copy of a public act of sale from one Jesse C. Tannehill to the plaintiff, which was objected to; and a bill of exceptions is filed in the record, containing all the points in controversy on which the action *570of this court is requested. The competency of the instrument as evidence is excepted to on the grounds:

1. That the instrument was not the original deed from Tannehill to plaintiff.