Beth Hammidrash Hagodol Ub'nay Congregation v. Oakwoods Cemetery Ass'n

This was a proceeding under the Burnt Records act to establish the title of the appellant, a religious corporation, to lot 1 in the Hebrew division of Oakwoods cemetery, purchased from appellee in the year 1872. The point in dispute was whether the deed to appellant conveyed a tract of land 140 feet deep from north to south, or one only 107 feet deep. The circuit court found against the claim of appellant, and confirmed its title to a lot only 107 feet deep.

Appellee insists that the decree must be affirmed for want of a complete record. The clerk, in making up the transcript of the record,…