Brotherton v. Mart
California Supreme Court Jul 1, 1856Published
Before: Terry
Synopsis
Where an original instrument, proved to be lost, has been recorded, it is error to admit parol evidence of its contents, unless the failure to produce the record is accounted for.
The opinion of the Court was delivered Mr. Justice Terry. Mr. Chief Justice Murray concurred.
The plaintiff having shown that his lost grant had been recorded, it [489]was error to admit parol evidence of its contents, unless the failure to produce the record was accounted for.
Judgment reversed and cause remanded.
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