Wiley v. Wilhite

On Behearing.

In support of the application for rehearing it is insisted, as upon the authority of Martin v. Hall, 72 Ala. 587, that the court below erred in treating as admissible, for its bearing on the issues in contest, the authenticated transcript from the “Begister of Sixteenth Section Notes from the County of Morgan,” reproduced in the original opinion. The point now urged is that there was, when this register was made up, no statute requiring or authorizing any official to keep the register, the transcript of which the state auditor authenticated in virtue of the custodial authority…