Booge v. Parsons
Supreme Court of Vermont
This was ejectment for. lands in the town of Chittenden, belonging to the right of Publius H. Booge, under whom the plaintiffs claimed title.
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This was ejectment for. lands in the town of Chittenden, belonging to the right of Publius H. Booge, under whom the plaintiffs claimed title. On trial in the county court, the plaintiffs, in order to prove the execution, loss, and contents of the deed from Publius ■V. Booge to their testator, and also to prove that said deed was duly acknowledged and recorded, offered in evidence the deposition of Samuel C. Booge, together with a book of records of deeds, wherein a copy of the deed in question with a proper acknowledgment was contained. The defendants objected to this evidence, because the…
1Opinion of the CourtRoyce, J.
delivered the opinion of the Court. — -The plaintiffs claim to have acquired a title under Publius V. Booge, by means of his conveyance to the testator and another person. The common rules of evidence would of course require them to produce *459the deed on trial, executed with all the requisite formalities. Bul 3 1 the deed had been destroyed, and the production of it became impossible. Under such circumstances the plaintiffs might still attain their object by proving the destruction of the deed, its execution and contents, and that it was duly acknowledged and recorded. For these purposes the…
2Cases cited1 opinion
- Williams v. WetherbeeSupreme Court of Vermont · 1827
3Cited by3 opinions
- Town of Northfield v. Town of PlymouthSupreme Court of Vermont · 1848
- Town of Bennington v. BoothSupreme Court of Vermont · 1928
- In re WatsonDistrict Court, D. Vermont · 1882