Christy v. Kavanagh
Supreme Court of Missouri
Appeal from Fourth District Court. Plaintiffs made out a prima facie case of the loss or destruction of the original; and when this is the case, a copy or the record of the original may be read in evidence.
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Appeal from Fourth District Court. Plaintiffs made out a prima facie case of the loss or destruction of the original; and when this is the case, a copy or the record of the original may be read in evidence. (Gen. Stat. 1865, pp. 447-8, §§ 35-38 ; Taunton Bank v. Richardson, 5 Pick. 441; Minor v. Tillottson, 7 Pet. 99 ; Davis v. Spooner, 3 Pick. 284; Turnispeed v. Freeman, 2 McCord, 269 ; Ward v. Fuller, 15 Pick. 187; Southerin v. Mendum, 5 N. H. 428 ; Hewes v. Wiswell, 8 Greenl. 94; Scanlan v. Wright, 13 Pick. 523 ; Eaton v. Campbell, 7 Pick. 10 ; Hathaway v. Spooner, 9 Pick. 26 ; Poignard v.…
1Opinion of the CourtCurrier, Judge
This is an ejectment 'for a quarter-section of military bounty land situated in the county of Linn. In the progress of the trial, it became necessary for the plaintiffs to show the loss or destruction of a deed appearing in their chain of title, in order to the introduction under the statute (Gen. Stat. 1865, p. 448, § 38) of secondary evidence of its contents.
The plaintiffs submitted preliminary proof of loss, and then offered in evidence a copy of the original deed, duly certified by the recorder of the county where the same was recorded, but the court excluded it on the ground that the…
2Cases cited1 opinion
- Barton v. MurrainSupreme Court of Missouri · 1858
3Cited by5 opinions
- Scrivner v. American Car and Foundry Co.Supreme Court of Missouri · 1932
- Nibler v. ColtraneSupreme Court of Missouri · 1955
- Stephan v. MetzgerMissouri Court of Appeals · 1902
- Bullock v. JohnsonSupreme Court of Missouri · 1942
- Nibler v. ColtraneSupreme Court of Missouri · 1955