Reeder v. Wilber

Citations

• 18 S.D. 426
• 100 N.W. 1099
• 1904 S.D. LEXIS 71

Syllabus

<p>Under Comp. Law's 1887, § 5308, providing that the record of a recorded acknowledged instrument is admissible in evidence when by the party’s own oath or otherwise the original is shown not to belong to the party wishing to use it, and not within his control, plaintiff lays a sufficient foundation for introduction of the record of deeds in the chain of title to his grantor by testimony of plaintiff’s attorney that as his agent he purchased the property, and had entire charge of the transaction; and received the deed from the grantor, that neither he nor plaintiff received any of the other instruments in the chain of title, and that he never heard where any of them were.</p>