Holbrook v. Nichol

Citations

• 36 Ill. 161

Syllabus

<p>1. Secondary evidence—copies of instruments—seals. In recording an instrument to which an official seal is attached, the impression of the device of the seal cannot be transferred from the instrument to the record by the officer making the record; so it is only necessary he should, in some appropriate mode, indicate that a seal was affixed.</p> <p>2. And when the letters “L. S.,” the word “seal,” or a scroll, is employed for that purpose, it is sufficient.</p> <p>3. And in making a certified copy of such an instrument, if the seal is represented in the manner indicated, it will be held to answer the requirements of the law.</p> <p>4. Same— effect of producing two papers purporting to be copies of the same instrument, but differing. The mere production by the respective parties to a suit, of two papers, both certified by the proper officer to be copies from the record, will not establish either as the true copy, when to one is attached the letters “L. S.,” to represent an official seal connected with the instrument, and in the other those letters are omitted. It is a proper question for the jury, in such a ease, to determine, from all the evidence, which is the true copy.</p> <p>5. Evidence—its sufficiency. Proof that the letters “L. S.” were placed upon one of the copies after such copy was made, would not establish the fact that it was the spurious copy.</p> <p>6. Not even if the letters were placed there by a party in interest, as the officer certifying the copy may have authorized him to do so.</p> <p>I. Same — erasures and interlineations of copies. Where erasures and interlineations appear in a certified copy of an instrument, it does not afford sufficient ground for refusing to admit the copy in evidence. It may be that they were made by the copyist, to conform to the record.</p> <p>8. And it seems, if the erasures do not affect the sense of the instrument, they will be regarded as unimportant, though the words erased appear in the original.</p> <p>9. Error