Legal Opinion

King v. Scheuer & Brother

Supreme Court of Alabama

Decided November 15, 1894PublishedCited by 1 opinion

Appeal from the Circuit Court of Barbour. Tried before the Hon. Jesse M. Carmichael. ■ The appellees, B. Scheuer & Brother, brought a statutory action of ejectment against the appellant, J. W. King, to recover certain property specifically described in complaint. There is but one question presented on this appeal, Avhich is as to the admissibility of a certified copy of a deed taken from the records of the office of the probate judge.

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Appeal from the Circuit Court of Barbour. Tried before the Hon. Jesse M. Carmichael. ■ The appellees, B. Scheuer & Brother, brought a statutory action of ejectment against the appellant, J. W. King, to recover certain property specifically described in complaint. There is but one question presented on this appeal, Avhich is as to the admissibility of a certified copy of a deed taken from the records of the office of the probate judge. In reference to this question, as is shown by the bill of exceptions, the plaintiff introduced B. Scheuer, one of the plaintiffs, who testified, “that he did…

1Opinion of the Court

• McCLELLAN, J.

In laying the predicate for secondary evidence of a paper alleged to be lost, it is incumbent on the party seeking to adduce such evidence “to show that he has in good faith and with reasonable diligence exhausted in his search all the sources of information and means of discovery which the nature of the case naturally suggests and which are accessible to him,” 13 Am. & Eng. Encyc. of Law, p. 1096 ; or, as said by Stone, C. J., “there must be diligent search at every place the paper would be likely to be found.”—Singer Man'f'g Co. v. Riley, 80 Ala. 314; Jernigan v. State, 81…

2Cases cited2 opinions

  1. Jernigan v. StateSupreme Court of Alabama · 1886
  2. Singer Manufacturing Co. v. RileySupreme Court of Alabama · 1885

3Cited by1 opinion

  1. United States Fidelity & Guaranty Co. v. Town of DothanSupreme Court of Alabama · 1911

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