Lee v. Mathews
Supreme Court of Alabama
Writ of Error to the Circuit Court of Clarke. From a bill of exceptions it appears, that on the trial, the plaintiffs introduced a copy of a deed of marriage settlement, having first accounted for the non-production of the original. To which the defendant excepted, because the deed was not recorded as required by the law of N. Carolina, and because there was no certificate of the register, showing that the law of N. Carolina had been complied with.
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Writ of Error to the Circuit Court of Clarke. From a bill of exceptions it appears, that on the trial, the plaintiffs introduced a copy of a deed of marriage settlement, having first accounted for the non-production of the original. To which the defendant excepted, because the deed was not recorded as required by the law of N. Carolina, and because there was no certificate of the register, showing that the law of N. Carolina had been complied with. The indorsement on the copy is as as follows: Halifax County, FeVy 6, 1827. Then this deed of trust, &c. was exhibited in open court, and was duly…
1Opinion of the CourtOrmond, J.
The counsel for the defendant in error contends, that from the manner in which the question is presented, and from the necessary inferences arising from the record, we must presume that the law of North-Carolina was produced in evidence to the jury. To authorize the certified copy of the deed, by the public register of Halifax county, North-Carolina, to be read as evidence, it was necessary to prove by the law of that State, that such instruments were required to be recorded. It would seem probable therefore, from the manner in which the objection is taken, that the statute law of…
2Cases cited2 opinions
- Swift v. FitzhughSupreme Court of Alabama · 1839
- Strong v. StrongSupreme Court of Alabama · 1844
3Cited by27 opinions
- Miller v. WilsonSupreme Court of Georgia · 1896
- Ewing v. BlountSupreme Court of Alabama · 1852
- Loeb & Brother v. Flash Bros.Supreme Court of Alabama · 1880
- Whitfield v. WhitfieldMississippi Supreme Court · 1866
- Geneva Gin & Storage Co. v. RawlsSupreme Court of Alabama · 1940
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