Folsom's Executors v. Scott
California Supreme Court
Appeal from the District Court of the Fourth Judicial District. This was an action of ejectment for a lot in San Francisco, commenced by J oseph L. Folsom, and continued after his death by his executors.
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Appeal from the District Court of the Fourth Judicial District. This was an action of ejectment for a lot in San Francisco, commenced by J oseph L. Folsom, and continued after his death by his executors. On the trial, the plaintiffs, as a predicate for the introduction of parol testimony as to the contents of the original alcalde grant for the lot to Leidesdorff, under which plaintiffs claimed title, proved by C. V. Gillespie, the existence of the grant in 1848, ánd that it was then in Folsom’s possession; plaintiffs then called P.W.Van Winkle, one of the plaintiffs, who testified that he, as…
1Opinion of the Court
The opinion of the Court was delivered by Mr. Justice Heydenfeldt.
Mr. Justice Terry concurred.
Upon the first assignment of error, the judgment must be reversed.
The rule laid down in Greenleaf on Evidence as to the predicate for the admission of secondary evidence of a lost paper, requires “ that a Iona fide and diligent search has been unsuccessfully made for it in the place where it was most likely to be found;” and further, “ the party is expected to show that he has in good faith exhausted in a reasonable degree all the sources of information and means of discovery which the nature of the…
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