Thatcher v. Olmstead

Citations

• 110 Ill. 26

Syllabus

<p>1. Evidence in ejectment-—cross-examination as to source of title wnder which the respective parties claim. Where the plaintiff in ejectment files an affidavit that he claims title through a common source with the defendant, and the defendant, or his agent or attorney, denies under oath that he claims title through such source, or states that he claims title through some other source, the latter will not be subject to a cross-examination as to his source of title. Such statement under oath, under section 25 of the Ejectment act, is in the nature of an affidavit.</p> <p>2. Secondary evidence—proof of abstract of title. Where original evidence, such as a deed or other instrument, is lost or destroyed, secondary evidence may be introduced to prove its contents. But an abstract of title of real estate can not be regarded as original evidence. It is but secondary evidence itself, and therefore its contents can not be proven by other evidence in case of loss or destruction.</p>