Osborne v. . Ballew

If this were a case in which the plaintiff was bound to produce the original grant, he had entitled himself to the use of secondary evidence by his own affidavit and those which were tendered. As the latter were not read, we are to presume they were dispensed with as unnecessary, and that the fact was, as alleged, that the grant could not be found. But the plaintiff was not bound to account for the original. The copy offered was that of a grant under which he did not claim title and to the possession of which he had no right. The plaintiff was entitled to give in evidence a copy of the grant…