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U.S. Supreme Court

Drummond's Administrators v. Magruder & Co.'s Trustees, 13 U.S. 9 Cranch 122 122 (1815)

Drummond's Administrators v. Magruder & Co.'s Trustees

13 U.S. (9 Cranch) 122


If the execution of an important exhibit of the complainant be not admitted the defendant in his answer, who calls upon the complainant to make full proof thereof in the court below, this Court will not presume that any other proof was made than appears in the transcript of the record.

A copy of a deed from a clerk of the court without certificate of the presiding judge that the attestation of the clerk is in due form cannot be received in evidence in a suit in equity.

If this Court reverse a decree upon a technical objection to evidence (probably not made in the court below), it will not dismiss the bill absolutely, but remand the case to the court below for further proceedings.

This was an appeal from the decree of the Circuit Court for the Virginia district in a suit in chancery brought by the trustees for the creditors of W. B. Magruder & Co. against Drummond's administrators to compel the latter to account for funds put into the hands of their intestate by W. M. Magruder & Co.

The defendants, in their answer, say they know no such firm or co-partnership as Wm. B. Magruder & Co. They cannot admit it, and hope the complainants will be put to the proof of it. They have no knowledge of the deed of trust mentioned in the bill, and hope the complainants will be required to make ample proof thereof. That W. B. Magruder was largely in debt to their intestate, and they believe the funds put into his hands by Magruder were intended to be applied to that debt.

The only proof of the deed of trust appearing in the transcript of the record was a copy certified by one Gibson, who calls himself Clerk of Baltimore County, without any certificate from the presiding judge that chanroblesvirtualawlibrary

Page 13 U. S. 123

his attestation was in due form. It purported to be an assignment of personal estate only, and was not required by the laws of Maryland to be recorded. chanroblesvirtualawlibrary

Page 13 U. S. 124

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