Ala. Gt. So. Railroad v. Mt. Vernon Co.

When an instrument is executed in duplicate, proof of the loss or destruction, or a satisfactory excuse for the non-production, of both parts, is essential to let in parol evidence of the contents. — 1 Greenl. Ev. § 558. The bill of lading, under which the cotton in controversy was shipped, was executed in duplicate. One part was attached to the draft drawn by the shippers on the plaintiff for the purchase-money of the cotton, and was forwarded with it. The other was delivered to the attorney of the plaintiff about the time this suit was commenced. The draft having been paid, the presumption…