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Deery v. Cray

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eBook details

  • Title: Deery v. Cray
  • Author : United States Supreme Court
  • Release Date : January 01, 1869
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 53 KB

Description

Messrs. Brent and Crittenden, for the plaintiff in error: 1. As to the principal point of the case; the admission of the deed of 1787 and the instructions given upon it. If we assume that the separating and essential line was marked on Brown's plat, and had already been run and located, leaving on its south side precisely one-half of the acres in the whole tract, and that this pre-existing line was merely to be run out and ascertained by John Thomas, so as to avoid all dispute touching its location, then the court was in error in admitting the deed before the plat of Brown, so indispensable to its location, was produced and identified, or if lost, its contents proved by secondary evidence. The defendant, while offering his paper title in evidence, is to be assumed to rely on it exclusively 'pro hac vice,' and therefore its admissibility is to be tried as if the deed were executed recently.


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