Kirch v. Persinger

The consideration of the assignments in this case depends upon whether all of the evidence is contained in. the bill of exceptions. The trial judge certifies that it does contain all the evidence, but certain deeds and plats recited in the bill of exceptions to have been offered and admitted in evidence are not incorporated in the bill of exceptions nor physically attached to and made a part of it or so designated as that their identity is unmistakable. There are, however, in the record copies of deeds corresponding in parties and dates to the recitals in the bill of exceptions and plats…