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1 N.J.L. 379

Denn v. Pond & Pine

Supreme Court of New Jersey

Decided November 15, 1795

Supreme Court of New Jersey · decided 1795-11-15

In ejectment; — trial at Bar. UPON the trial of the cause the following points were ruled by the Court, Kinsey C. j. being absent having an interest in the ease. 1 st The title of the plaintiff depended on a survey alleged to have been made for one Royden in the year-, and lost fey fire.

Decided 1795-11-15

Per Curiam.

¶1(After consultation with the Chief fustic o') Sharp’s book of surveys has always been held admissible, evidence.

¶2The plaintiff havinghhe book produced it, so that the question whether sworn copies from it were legal testimony was not decided.

¶35th The plaintiff then offered to read out of this book a survey of one Collins which had been recorded, calling for corners and courses of Roy den’s survey, contending this was good evidence of the existence of such survey, of its boundaries or the locus in quo.

¶4The evidence was objected to, 1st because res inter alios acta; %d because actually recorded prior to the pretended sur * vey for Roy den, — and overruled by the Court who considered it as too vague to be admitted as evidence of the survey in question.

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