33 Me. 320
Supreme Judicial Court of Maine
Decided July 1, 1851
Supreme Judicial Court of Maine · decided 1851-07-01
On Report from Nisi Prius, Tenney, J. Writ oe Entry. Mrs. White, one of these plaintiffs, is the sole heir-at-law of James Webster, under whom she claims, by inheritance, the land in controversy. The demandants allege that it was conveyed by Daniel Webster to said James, by a deed, executed and recorded in 1809. They produced an office copy of such a deed, and it purported to have been witnessed by three persons, and to have been recorded by B. Hall, register.
Decided 1851-07-01
¶1An office copy is not evidence that a paper, of which it is a transcript, was a genuine paper.
¶2The demandants claim by inheritance from the grantee in the supposed deed. The rule of the Court, allowing office copies, touching the realty, does not authorize the use of a copy by the heirs of a grantee.
¶3There is then no competent evidence that a deed from Daniel Webster to James Webster ever had an existence.
¶4Nonsuit confirmed.