Ancient Writings

Deeds, wills, and other writings, more than thirty years old.

Deeds, wills, and other writings, more than thirty years old. They may, in general, be read in evidence without any other proof of their execution than that they have been in the possession of those claiming rights under them; 1 Greenl. Ev. § 141; 12 M. & W. 205; 8 Q. B. 158; 7 Beaf. 93; Barr v. Gratz, 4 Wheat (U. S.) 213, 4 L. Ed. 553; Lessee of Clarke v. Courtney, 5 Pet. (U. S.) 319, 8 L. Ed. 140; Winn v. Patterson, 9 Pet. (U. S.) 6G3, 9 L. Ed. 266; Jackson v. Blanshan, 3 Johns. (N. Y.) 292, 3 Am. Dec. 485; Middleton v. Mass, 2 Nott & McC. (S. C.) 55; Duncan v. Beard, id. 400; Tolman v. Emerson, 4 Pick. (Mass.) 160; Crane v. Marshall, 16 Me. 27, 33 Am. Dec. 631; Dodge v. Briggs, 27 Fed. 170; O'Donnell v. Johns & Co., 76 Tex. 362, 13 S. W. 376; Pettingell v. Boynton, 139 Mass. 244, 29 N. E. 655; Mc Claskey v. Barr, 47 Fed. 154; King v. Sears, 91 Ga. 577, 18 S. E. 830; Whitman v. Heneberry, 73 111. 109. As to the admission of duplicate copies, see National Commercial Bank v. Gray, 71 Hun 295, 24 N. Y. Supp. 997. See Declaration; Evidence. The rule is broad enough to admit ancient deeds purporting to have been signed by an agent without production of the power of attorney; Wilson v. Snow, 228 U. S. 217, 33 Sup. Ct 487, 57 D. Ed.. Spanish documents produced to and inspected by the court, coming from official custody and bearing on their face every evidence of age and authenticity, and otherwise entitled to admissibility as ancient documents, will not be excluded because subjected to various changes of possession during the transition of the government of Florida from Spain to the United States and during the Civil War, it not appearing that they were ever out of the custody of a proper custodian, that the originals were lost, or that there had been any fraudulent substitution; Mc- Guire v. Blount, 199 U. S. 142, 26 Sup. Ct 1, 50 L. Ed. 125. Ancient documents are not admissible in evidence as "public documents" where they were not intended to be so, but to serve temporary purposes only. Also where the records were made by a deceased official, there being nothing to show that they were made contemporaneously with the doing of something which it was the duty of the deceased official to record. In this case it was attempted to prove that certain land, within legal memory, had been covered by the sea. A survey made in 1616 by the Lord Warden of the Cinque Ports and an estimate by the King's engineer for the reparation of certain castles were rejected for the above reasons; [1905] 2 Ch. 538. Where an instrument itself would be adisfactorily accounted for, held that evidence of its contents was likewise admissible without proof of execution; Walker v. Peterson (Tex.) 33 S. W. 269, Dec. 18, 1S95. A deed signed by the grantor by his mark and not witnessed or acknowledged, and therefore insufficient on its face, is inadmissible as an ancient deed without proof of execution; O'Neal v. Railroad Co., 140 Ala. 378, 37 South. 275, 1 Ann. Cas. 319. As a general rule in the case of ancient writings, proof of execution is not necessary; Fulkerson v. Holmes, 117 U. S. 389, 6 Sup. Ct 780, 29 L. Ed. 915; Whitman v. Heneberry, 73 111. 109; such documents when admitted are to be construed as duly executed; Brown v. Wood, 6 Rich. Eq. (S. C.) 155; and the genuineness must be established; Mc- Cleskey's Adm'rs v. Leadbetter, 1 Ga. 551; mere antiquity is not enough if the paper appears defective upon its face; Reaume v. Chambers, 22 Mo. 36; Williams v. Bass, 22 Vt 352; mere production is not sufficient; Fogal v. Pirro, 23 N. Y. Super. Ct 100; when no consideration is expressed and the words "this indenture" are omitted, it is insufficient; Gitting's Lessee v. Hall, 1 Har. & J. (Md.) 14, 2 Am. Dec. 502. Deeds were admitted, though defective in form and execution, in Hoge v. Hubb, 94 Mo. 4S9, 7 S. W. 443; Hill v. Lord, 48 Me. 83; White v. Hutchings, 40 Ala. 253, 88 Am. Dec. 766.

Wills, deeds, or other documents upwards of thirty years old These are presumed to be genuine without express proof, when coming from the proper custody.

Defined under Ancient in Black's Law Dictionary.

Wills, deeds, or other documents upwards of thirty years old. These are presumed tv be genuine without express proof, when coming from the proper custody.

In evidence. Deeds^ wills, leases and other instruments more than thirty years old. 1 Phillips' Evid. 477. Cowemfc Hill's note, in loc.