Legal Opinion

Haydon v. Moore

Mississippi Supreme Court

Decided January 15, 1844PublishedCited by 1 opinion

This cause comes into this court by writ of error to the Yazoo cirbuit court. The defendant in error sued the plaintiff in error in an action of trover for slaves.

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This cause comes into this court by writ of error to the Yazoo cirbuit court. The defendant in error sued the plaintiff in error in an action of trover for slaves. On the trial of the action at law, the plaintiff below, offered in support of the issue on his part, to read in evidence a recorded copy of a deed of mortgage, by which the negroes in controvery had been conveyed; and by way of laying a foundation for introducing the copy, proved that the original deed of mortgage: was on file in the chancery court at Jackson, Mississippi, as an exhibit in a case there pending. The defendant below…

1Opinion of the CourtJustice Clayton

It is only necessary to notice a single point in this cause. Upon the trial, the plaintiff, Moore, introduced a copy of a recorded mortgage, and proved “ that the original was on file in the chancery court at Jackson, as an exhibit in a cause therein pending,” and offered to read it to the jury. The defendant objected, but the court permitted it to be read; to this a bill of exceptions rvas filed, and we are called on to review the correctness of this order.

The common law rule is, as is well known, that the best evidence in the power of the party must be produced. The original is deemed…

2Cited by1 opinion

  1. Ashley v. CunninghamSupreme Court of Arkansas · 1855

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