Fallon v. Dougherty

Appeal from the Sixth District, County of Sacramento.

This was an action of ejectment to recover possession of a lot of land in the City of Sacramento.

The plaintiff deraigns title through one John A. Sutter and G. W. Hammersly. On the trial she, to lay the foundation for the introduction of secondary evidence, introduced one Stevens, who testified as follows:

“ The plaintiff in this action was a resident of San Francisco county. Witness was acting as her agent and attorney in fact, and was conducting this suit for her ; he had made search for the original deed from Sutter to Hammersly and Murray, to ascertain where the deed was, and had made other diligent inquiry about the same, but was unable to obtain the original, or ascertain where it was, or whether it was in existence.”

There was no other evidence offered to establish the loss of the deed. The Court below ruled that this evidence was sufficient to account for the loss of the deed; and thereupon a certified copy was given in evidence : to which ruling of the Court the defendant excepted. Plaintiff had judgment. Defendant moved for a new trial, which was denied, and he appealed to this Court.