Wynne v. Aubuchon

Decided March 15, 1856

Supreme Court of Missouri · decided 1856-03-15

Louis Law Commissioner’s Court. This was a suit for the possession of a mare alleged to belong to plaintiff. Upon the trial, at April term, 1855, the plaintiff introduced testimony showing a derivation of title by various intermediate transfers from one Rey, who was in possession of said mare in 1849 or 1850. Some of plaintiff’s witnesses stated that the mare had been taken by defendant out of the possession of plaintiff by virtue of a writ issued by a magistrate.

Decided 1856-03-15

Scott, Judge,

¶1delivered the opinion of the court.

¶2There was no error in refusing the instruction asked, by the defendant, as it assumed the identity of the mare claimed by the plaintiff with that alleged to belong to - the defendant. Whether the mare claimed by the plaintiff was the same alleged *32to belong to the defendant was the very matter in dispute, and the court properly refused an instruction which assumed such to be the fact.

¶3Matters of record can not be proved by parol. If there was any legal process or proceedings by which the mare was taken from the plaintiff and put into the possession of the defendant, a copy of such proceedings should have been produced. The declaration of a witness that there were such proceedings, was no such evidence as would have warranted an instruction or supported a claim founded on them.

¶4The other judges concurring, the judgment is affirmed.