Samuels v. Borrowscale
Massachusetts Supreme Judicial Court
Writ of entry, dated December 14,1868, to recover land in Boston. Plea, nul disseisin. At the trial in the superior court, before Lord, J., the demand-ant put in evidence an office copy, from the Suffolk registry, of n deed of the premises, dated January 19,1861, purporting to have been executed and delivered by the tenant to John F. Augustus ; and a mortgage deed of the premises, dated September 14,1861, from Augustus to the demandant, to secure payment of a note for $1000…
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Writ of entry, dated December 14,1868, to recover land in Boston. Plea, nul disseisin. At the trial in the superior court, before Lord, J., the demand-ant put in evidence an office copy, from the Suffolk registry, of n deed of the premises, dated January 19,1861, purporting to have been executed and delivered by the tenant to John F. Augustus ; and a mortgage deed of the premises, dated September 14,1861, from Augustus to the demandant, to secure payment of a note for $1000 in four months. The tenant, in defence, was called as a witness, and asked by his counsel whether he had ever seen,…
1Opinion of the CourtGray, J.
The law is well settled in this Commonwealth, that a party relying on a deed made immediately to himself or the other party, or which is presumed to be in the custody of either, must produce the original deed, or lay a foundation in the usual manner for secondary evidence; but that of other deeds, acknowledged and recorded in accordance with the statutes, a certified copy from the registry is original evidence, instead of the deed itself, and of course dispenses with calling an attesting witness or other proof of execution. Ward v. Fuller, 15 Pick. 185. Stetson v. Gulliver, 2 Cush. 498.…
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