Liddon v. Hodnett

Citations

• 22 Fla. 442

Syllabus

<p>1. The record in the volume kept for that purpose at the General Land Office at Washington, of a patent for land executed in the manner prescribed by law, or a lawful exemplification of such record, is evidence of the same dignity as the patent itself.</p> <p>2. The statutory provisions in force November 1, 1830, and prescribing the manner in which a patent of the United States for land should be signed and countersigned, required that it should be signed by the President and countersigned by the Commissioner of the General Land Office.</p> <p>3. The act of March 3, 1843, (sec. 2470 of U. S. Revised Statutes,) provides that literal exemplifications of any records shall be deemed of the same validity in all proceedings, whether in law or equity, wherein such exemplifications are adduced in evidence, as if the names of the officers signing and countersigning the same had been fully inserted in such record : Reid, That the record to prove a valid patent must show the signing and countersigning by the above officers, but the names need not have been fully inserted in the record ; if partially inserted in the record it will be presumed that they fully appear in the patent.</p> <p>4. An exemplification of the record of a patent under the above act of March 3, 1840, was offered in evidence. The concluding portion of the record as shown by the exemplified copy is as follows : “In testimony whereof, I, Andrew Jackson, President of the United States of America, have caused these letters to be made patent and the seal of the General Land Office to be hereunto affixed. Given under my hand at the city of Washington, the first day of November, * * * 1830. * * † By the President, A. J. “E. H., Commissioner of the</p> <p>General Land Office.”</p> <p>Its admission in evidence was objected to because there was no testimony that the original of such patent was signed, or that there was any omission to sign the record, and the objection was sustained. Held to be error, and that the