Reports of Cases Argued and Determined in the Supreme Courtof Alabama Volume 15

Reports of Cases Argued and Determined in the Supreme Courtof Alabama Volume 15

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1908 edition. Excerpt: ...and translator oi' these records shall cause them to be transcribed in books, &c.; that copies shall be given and inspection of them allowed, as of other records, and that copies duly certified shall be received and read in evidence in the same manner and with like eiIect, as other certified copies of records, &c. Toulm. Dig. 69.3, U06, 1, 4. By the act of 1818, the governor of the Alabama territory was authorized to appoint and commission a keeper and translator of the Spanish records, &c. who should keep his oiiice at Mobile. Toulm. Dig. 696, G07, 1, 2. These several enactments made documents number 1, 2 and 3, admis-' sible, unless there was an objection to their competency, other than that they were copies, and the absence of the original was not accounted for. The statutes we have cited all related to the same subject matter, and must be construed together, and when thus looked to, it is perfectly clear that they make the copies of the original Spanish records evi deuce, when duly authenticated by the keeper and translator. To the form of the authentication no objection has been made. It may be conceded that documents number 1, 2 and 3, are at best, evidence of an imperfect title, and to entitle them to the dignity of evidence "against any grant derived from the United States," should have been recorded as directed by the acts of Congress of 1805, 1806, 1807 and 1812. Hallet v. F.slava's Heirs 3 Stewt. & P. 105; Barry v. Gamble 3 How. 32 11 L. Ed. 479. But the question arises whether these papers are not admissible for the purpose of showing that Spain asserted a right to the premises in question, or laying a predicate from which it may be presumed that the defendant and more

Product details

  • Paperback | 690 pages
  • 189 x 246 x 35mm | 1,211g
  • English
  • Illustrations, black and white
  • 1236795792
  • 9781236795793