Gilbert v. Boyd
Supreme Court of Missouri
Error to St. Louis Law Commissioner’s Court. This was an action against the trustees of the “African Methodist Episcopal Church” to recover the value of the services of plaintiff as sexton of said church. The plaintiff recovered before the justice of the peace. An appeal was taken to the Law Commissioner’s Court.
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Error to St. Louis Law Commissioner’s Court. This was an action against the trustees of the “African Methodist Episcopal Church” to recover the value of the services of plaintiff as sexton of said church. The plaintiff recovered before the justice of the peace. An appeal was taken to the Law Commissioner’s Court. The plaintiff offered in evidence a certified copy of a deed to the defendants as trustees of the African Methodist Episcopal Church, and offered to prove that the original was not in his possession or within his power or control. The counsel for defendants objected to the admission…
1Opinion of the CourtScott, Judge
The 46th section of the act concerning conveyances (E. C. 1845) provides that when any instrument in writing conveying or affecting real estate is acknowledged or proved, certified and recorded, and it shall be shown to the court that such instrument is lost, or not within the power of the party wishing to use the same, the record thereof or the transcript of such record, certified by the recorder under the seal of his office, may be read in evidence without further proof. As the statute prescribes the state of circumstances which authorizes the deed to be read in evidence, we do not conceive…
2Cases cited1 opinion
- Clark v. Mayor, Aldermen, and Common Council of WashingtonSupreme Court of the United States · 1827
3Cited by1 opinion
- Barton v. MurrainSupreme Court of Missouri · 1858