Tebbs v. White

OPINION of the Court, by

Ch. J. Boyxe.

This was an ejectment. On the trial the plaintiff, to deduce his title, offered in evidence a copy of a deed regularly recorded, from Benjamin Temple to Hubbard Taylor, who was the plaintiff’s immediate vendor; but the court, on the objection of the defendants, refused to ad* C(W as evidence, because it was not sufficiently proven that it was not in the power of the plaintiff to produce the original.

We are inclined to think that it was not necessary to account for the nonproduction of the original, before the copy could be admissible evidence. The doctrine…