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4 Ark. 613

Mays v. Johnson

Supreme Court of Arkansas

Decided July 15, 1842

Supreme Court of Arkansas · decided 1842-07-15

This was an action of covenant, determined in the Benton Circuit-Court, before the Hon. Joseph M. Hoge, one of the circuit judges. Johnson & Clark sued Mays & Meeks, on bond, conditioned to refund six hundred dollars, which they thereby acknowledged to have received from Johnson & Clark, for.three Lovely donation claims, if said claims were not allowed at the Helena Land-office, by a certain day.

Decided 1842-07-15

¶1By the Court,

Dickinson, J.

¶2The certificate of a land-officer cannot, of itself, be evidence of any fact, unless expressly made so by statute, or act of Congress. It is not the best evidence which can be produced. A copy of the record of the land-office, and the adjudication of the land-officers thereon, properly certified by them as a complete transcript of all the proceedings had before them upon the claim, would, in our opinion, have been competent evidence, and ought to have been received. The certificate of the Receiver, of the result of the adjudication, ought to have been rejected.

¶3Judgment reversed.

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