Report of Cases Argued And Determined in the Supreme Court of Alabama volume 13

Cover Report of Cases Argued And Determined in the Supreme Court of Alabama volume 13
Report of Cases Argued And Determined in the Supreme Court of Alabama volume 13
Alabama Supreme Court
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If the plaintiff desired to prove that a deed existed, he should have offered additional evidence. The certificate of the justice of the quorum is not evidence for any purpose, unless it was sufficient as a statutory certificate. The cer- tificate that a party had acknowledged the signature to a deed, is not evidence of the "signature. " A certificate in ___ JANUARY TERM, 1848. 651 Shelton v. Armor, et al.
conformity with the statute, authorizes the admission of a deed to record, and gives effi
...cacy to that record as evidence in case of the loss of the original. If the deed was not pro- perly admitted to record, the certificate is without any force as evidence of the facts it contains. See cases above cited.
In this case, the officer himself, or the subscribing witnes- ses, should have been produced to prove the facts. The insu- fficient efforts of an officer to do an official act, cannot be re- ceived as if those efforts had been effectual.
The title of the defendant was the best. The recovery of the land from Shelton, under the judgment of the supreme court destroyed the effect of all presumptions in favor of pos- session, supposing Ball to have entered on this lot.


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