Carroll v. Norwood
General Court of Virginia
Ejectment on seven separate demises for two tracts "of land, one called Enlargement, and the oilier called Brown*s adventure, lying in Baltimore county.
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Ejectment on seven separate demises for two tracts "of land, one called Enlargement, and the oilier called Brown*s adventure, lying in Baltimore county. The defendants took defence ou warrant, and plots were made and returned. 1. The plaintiff at the trial, to support the issue on ■Ids part, produced a certificate of survey, made for and In the name of John Israel, bearing date the 10th of January 1720. for a tract of land called <>-Tlie Enlargement/* lying in Baltimore county, containing 100 acres of land, 'more or less. Also a grant to the said John Israel„ dated the 10th of July 1724, for…
1Opinion of the Court
The Court or Appears, as to the objection that the copy of the certificate of survey, which was offered in evidence in the general court, not being under seal, observed that it was too late to make it in the court of appealsj that such objection should have been made at the trial, for copies unauthenticated were often offered in evidence by consent of the parties, and if the objection *291bad been made in the court below it could have been easily obviated.
Tbe Court of Appeals, upon the bill of exceptions, dissented from the opinion given by the General Court, and reversed the judgment.
Pkocedenbo…
2Cited by2 opinions
- In re BartlesNew Jersey Court of Chancery · 1880
- Mondell v. ShaferCourt of Appeals of Maryland · 1878