Cross v. Aby

Citations

• 55 Fla. 311

Syllabus

<p>1. An appellate court will consider only such grounds of objection to the admissibility of evidence as were made in the court below; the plaintiff in error being confined to the specific grounds of objection made by him in the trial court, and only such of the grounds so made below as are argued will be considered by an appellate court. •</p> <p>3. In the absence of evidence to the contrary, an alteration in a written instrument will be presumed to have been made contemporaneously with the execution of the instrument, and properly made, if nothing appears to the. contrary. If, however, the court considers the alteration suspicious on its face, such presumption would be overcome and the onus would rest with the party offering the instrument to explain it.</p> <p>3. It is the duty of a party resorting to an appellate court to make the errors complained of clearly to appear, if they in truth exist; every presumption -being in favor of the correctness of the rulings of the trial court.</p> <p>4. The proof of the contents of a lost paper ought to be clear and satisfactory, and, whether neither the language nor any part of the contents of such lost paper is given by the witness, his opinion as to the meaning or effect thereof is incompetent to prove its contents.</p> <p>5. Where a witness, who has been interrogated as to an alleged lost paper, is unable to say whether or not he had ever seen such paper, no error is committed in refusing to permit him to testify as to what his impression was in regard to it.</p> <p>6. In an action of ejectment, where the defendants base their claim of title to the lands in controversy by reason of adverse possession thereof for the statutory period and had introduced witnesses to prove such possession, who had testified that the same had consisted in cutting and hauling logs therefrom at different times during a number of years by the grantee in an alleged lost deed, through or under whom the defendants claim, a wide latitude should be