Russell v. Administrators of Whiteside

Citations

• 5 Scam. 7

Syllabus

<p>Error to Madison.</p> <p>1. Evidence — certificate of land office register. The certificate of the register of a land office, from the records of his office, of the purchase of a tract of land, and of the fact that there had been a corrected survey of the tract, and there was due from lite purchasers a certain amount of money for a certain number of acres of land included in the purchase, which had not been included in the former survey under which the purchase was made, and that the same had been paid by a person therein named, is admissible in evidence, under the statute making the register’s certificate evidence of matters appearing of record in his office.</p> <p>2. Same — presumption in favor of judgment. Where a record shows that the certificate of the register of a land office was received in evidence, the court will presume that proof of his official character and handwriting were previously made, unless a contrary statement is contained in the bill of exceptions ; and where the record shows that a certified copy of a deed, recorded in the recorder’s office of the proper county, was admitted in evidence in the court below, and it does not appear that any question was made in that court as to the loss of the original deed, or the inability of the plaintiff to produce it, the supreme court will presume that the loss or inability was admitted or proved in the court below.</p> <p>3. Deed — acknowledgment. The act of the territory of Indiana entitled “ A law establishing the recorders office, and for other purposes’' prescribes no particular form for the acknowledgment of a deed ; and under that act it is sufficient for the-certificate to state that the maker appeared before the officer, and acknowledged the deed to be his act and deed. (a) </p> <p>4. Evidence — proof of notice of land office sale. The act of congress of May 10, 1800, provided for the sale of the public lands north west of the Ohio river, on a credit, and in case of failure to pay the purchase