Highfield v. Phelps

Warner, Chief Justice.

This was an action of ejectment, brought by the plaintiffs against the defendants, to recover possession of lot of land number two hundred and seventy-three, in the fifth district of Randolph county. On the trial of the case, the plaintiffs offered in evidence a deed from one Higgins, made under a power of attorney, and which had been recorded, as a part of his chain of title. The defendants objected to the admission of this deed in evidence, on the ground that it was not legally probated so as to authorize the same to have been admitted to record, which objection was…