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BOOTH V. TIERNAN, 109 U. S. 205 (1883)

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U.S. Supreme Court

Booth v. Tiernan, 109 U.S. 205 (1883)

Booth v. Tiernan

Submitted November 1, 1883

Decided November 12, 1883

109 U.S. 205


1. The cause was submitted to the court below without the intervention of a jury. No error in law can be predicated of a finding of fact by the court.

2. It being proved that a deed had been lost, and not intentionally destroyed or disposed of for the purpose of introducing a copy, it is competent under the statute of Illinois to use in evidence a certified copy of the deed from the proper recorder's office in the place of the original, although it was admitted that there was an error in the copy.

3. It is competent to prove the error in such case by evidence of witnesses who had read the original deed, or by a copy of the registry of the original deed as entered in the file book.

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