Cooley v. Brayton
Supreme Court of Iowa
Appeal from Delaware District Court. The plaintiff brought this action to recover the possession of certain real estate. Both parties claim to be the owners in fee under separate foreclosures against one Fayette Phillips. Jury trial, and verdict for plaintiff.
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Appeal from Delaware District Court. The plaintiff brought this action to recover the possession of certain real estate. Both parties claim to be the owners in fee under separate foreclosures against one Fayette Phillips. Jury trial, and verdict for plaintiff. Defendant excepted on the trial to the admission of certain evidence and to the refusal to admit other evidence; also to the giving of certain instructions to the jury, and the refusal to give others, and his motion for a new trial being overruled, he excepted and appeals. The other facts essential to an understanding of the questions…
1Opinion of the CourtDillon, J.
I. On the trial in the District Court, the plaintiff offered in evidence the book from the Recorder’s office entitled “ Copies of Óriginal Entries ” of land, (for the provisions of law concerning which, see Revision of 1860, §§ 4048,4049,) to prove that Fayette Phillips entered certain parcels of the land in controversy. It is conceded that the book contained an entry to that effect. To the reception of this testimony, the defendant objected, on the ground that it was secondary evidence, and before it could be properly received, the plaintiff must show that the primary and best evidence,…
2Cases cited7 opinions
- Merrick v. WallaceIllinois Supreme Court · 1858
- Dean v. GoddardSupreme Court of Iowa · 1862
- Bank of Whitehall v. PettesSupreme Court of Vermont · 1841
- McMahan v. ColcloughSupreme Court of Alabama · 1841
- Campbell v. AyresSupreme Court of Iowa · 1855
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3Cited by33 opinions
- Board of Directors of Chicago Theo. Seminary v. People ex rel. RaymondIllinois Supreme Court · 1901
- Brandt v. BrandtOregon Supreme Court · 1902
- Rowell v. KleinIndiana Supreme Court · 1873
- Wood v. WoodSupreme Court of Iowa · 1907
- Dillon v. AllenSupreme Court of Iowa · 1877
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