Mayo v. Mazeaux

Citations

• 38 Cal. 442

Syllabus

<p>Practice on the Admission of Evidence.—It is the better practice to decide on the admissibility of evidence when it is offered; but if the rule he departed from, it is the duty of the Court, at a subsequent stage of the case, to rule upon the point distinctly, and if the evidence he excluded, to state on what ground.</p> <p>Description of Land in a Deed of Conveyance. —In construing a deed of conveyance, in which the land intended to be conveyed is described by reference to certain degrees of latitude, and also to a certain map therein specifically described, the degrees of latitude and other imaginary lines will he discarded, as less certain and reliable than the map.</p> <p>Evidence—Certified Copies of Becorded Instruments.—It is well settled that certified copies of instruments duly recorded may ho read in evidence without proof of the execution of the originals.</p> <p>Presumption of the Execution of Becorded Instruments.—If an instrument be duly recorded, it furnishes sufficient prima, facie evidence that it was duly executed.</p> <p>Wbat is Necessary to Make Copies of Becorded Instruments Evidence.— To authorize certified copies of recorded instruments to be read in evidence, it must be shown that the originals arc not under the control of the party, unless the proof of that fact be waived by the adverse party.</p> <p>Waiver of Introductory Proof. — If the objection to the admission of a certified copy of a duly recorded instrument in proof be that the instrument is “ not duly certified and proved,” it will be held to be a waiver of the objection that the original was not produced, or not shown to be under the-control of the party offering the evidence.</p>