Hampton's Lessee v. M'ginnis
Tennessee Superior Court for Law and Equity
The plaintiff's counsel moved for a continuance upon an affidavit, stating, that his claim was bottomed upon an entry made in Carter’s office or a Carter’s warrant, that the records of those entries were lost, that he had applied to the Secretary of the State of Tennessee, with whom the different bundles of locations were deposited, for safe keeping, for a copy as the next best evidence that he knew of ; (a) that the Secretary refused, as having no authority by law to give…
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The plaintiff's counsel moved for a continuance upon an affidavit, stating, that his claim was bottomed upon an entry made in Carter’s office or a Carter’s warrant, that the records of those entries were lost, that he had applied to the Secretary of the State of Tennessee, with whom the different bundles of locations were deposited, for safe keeping, for a copy as the next best evidence that he knew of ; (a) that the Secretary refused, as having no authority by law to give copies. That without evidence of the entry, he cannot safely come to trial, and expects to procure such evidence at the…
1Opinion of the Court
By the Court:
There is a difficulty in this case ; what will be the best evidence after the loss of the entry book, it is not now necessary to determine. T he plaintiff might well think, that a copy of the location would answer. There are some of these locations to be found, but is understood that most of them, after the lapse of so many years are lost. The warrants of survey, issued by the entry takers are in the Secretary’s office of N. Carolina. It is not improbable that the Legislature may take up the subject. At present it by no means appears, that the location or a copy of it, would be…
2Cited by1 opinion
- Hampton's Lessee v. M'ginnisTennessee Superior Court for Law and Equity · 1808