State v. Byam
Oregon Supreme Court
Multnomah County: Morton D. Clifford, Judge. Defendant appeals. The defendant was convicted and sentenced to imprisonment in the penitentiary for the crime of selling and conveying real estate without having title thereto, under section 1783 of Hill’s Annotated Laws of Oregon. The real estate which defendant is charged to have fraudulently so conveyed is situated in the town of Wheaton Heights, Du Page County, Illinois.
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Multnomah County: Morton D. Clifford, Judge. Defendant appeals. The defendant was convicted and sentenced to imprisonment in the penitentiary for the crime of selling and conveying real estate without having title thereto, under section 1783 of Hill’s Annotated Laws of Oregon. The real estate which defendant is charged to have fraudulently so conveyed is situated in the town of Wheaton Heights, Du Page County, Illinois. The state, in order to maintain the issues on its part, and to show that defendant had no title to the property conveyed, called as a witness one George S. Lewis, who…
1Opinion of the CourtBean, J.
(after stating the facts). — The mere statement of Lewis’ testimony is sufficient to show its manifest incompetency. He does not know, or pretend to know, anything about the title to the land, except what Brown told him, and what information he received from looking at the supposed records.
* 1. That the contents of a public record cannot be proven by parol is so elementax-y that it would be useless. *570to cite any authorities in support of the principle; and, if it be conceded that in cases of this character, where the records are not within the jurisdiction of the court, the evidence of a…
2Cases cited2 opinions
- Burton v. DriggsSupreme Court of the United States · 1874
- State v. SchmailSupreme Court of Minnesota · 1879