Sternheim v. Burcky

Citations

• 149 Ill. 241
• 36 N.E. 1026

Syllabus

<p>1. Evidence—under Burnt Records act. On bill for the partition of land for the purpose of proving title, the conrplainant, after showing the loss or destruction of the .original deeds and the record thereof, offered to read in evidence extracts and minutes made from original deeds on the day they were filed for record, by a firm who were in the business of making abstracts for him, which minutes were made in the regular course of business, and were in the possession of such firm when the records of the original deeds were destroyed by fire: Held, that the offered evidence conformed to the requirements of the statute, and that the complainant was entitled to have it read in evidence and considered by the court.</p> <p>2. Where a deed is lost or destroyed, or not within the power of a party to produce the same, and the. record of such deed is destroyed by fire or otherwise, under section 29 of chapter 116 of the Revised Statutes, resort may be had to evidence of a two-fold character: Eirst, if an abstract of title has been made in the ordinary business prior to such loss or destruction, the party seeking to establish title may read in evidence such abstract of title, or a letter-press copy thereof; and second, any copy, extract or minutes from such destroyed records, or from the originals of such, which were, at the date of such destruction or loss, in the possession of any person then engaged in the business of making abstracts of title for others for hire.</p> <p>3. Same—sworn copy. The statute provides that a sworn copy may be used as evidence, provided the party desiring to use the same shall have given the opposite party a reasonable opportunity to verify the correctness of such copy. In this case the sworn copy was delivered to counsel for the defendant at noon on the day before the trial, and left in his possession until four o’clock of the same day: Held, that the time the copy was left in defendant’s hands was sufficient to afford a reasonable opportunity