Barton v. Murrain
Supreme Court of Missouri
Error to Linn Circuit Court. This was an action to recover possession of a tract of one hundred and sixty acres of land. In support of her title the plaintiff introduced in evidence, against the objection of defendant, an exemplification of a patent to one Aaron Dresser certified by the Commissioner of the General Land Office. Certain preliminary proof was offered and received with a view to show the loss of the original.
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Error to Linn Circuit Court. This was an action to recover possession of a tract of one hundred and sixty acres of land. In support of her title the plaintiff introduced in evidence, against the objection of defendant, an exemplification of a patent to one Aaron Dresser certified by the Commissioner of the General Land Office. Certain preliminary proof was offered and received with a view to show the loss of the original. The plaintiff then offered in evidence a copy of a deed executed by Aaron Dresser in favor of one Romulus Riggs. The copy was certified by the clerk of the circuit court of…
1Opinion of the CourtRichardson, Judge
The exemplification of the patent certified by the Commissioner of the General Land Office was properly received in evidence without proof of the loss of the original; and it is said to be evidence of as high a nature as the original, as it is a recognition by the government itself of the validity of its own grant under its own seal. (Patterson v. Winn, 5 Pet. 242.) But we think that the copy of the deed from the patentee to Biggs was properly rejected.
When there is no ground of suspicion that a paper is intentionally withheld, and there is no apparent motive for *238deception, the courts are…
2Cases cited3 opinions
- Ooe, Ex Demise of Patterson v. Winn and OthersSupreme Court of the United States · 1831
- United States v. ReyburnSupreme Court of the United States · 1832
- Gilbert v. BoydSupreme Court of Missouri · 1857
3Cited by13 opinions
- Libby v. Maine Central RailroadSupreme Judicial Court of Maine · 1892
- Crispen v. HannavanSupreme Court of Missouri · 1872
- Hubbard v. GilpinSupreme Court of Missouri · 1874
- Christy v. KavanaghSupreme Court of Missouri · 1870
- Totten v. JamesSupreme Court of Missouri · 1874
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