Colton Land & Water Co. v. Swartz

Evidence—Judgment Roll—Latee of Two Judgments Alone Considered.— Tuere can properly be but one judgment in a judgment roll, and if two judgments are found therein, the later in point of time is the only one which can be considered as a part of the judgment roll, and the fact that the earlier judgment is hound up with the roll can not impair the admissibility of the judgment roll in evidence, or affect the later judgment which alone forms part of it.

Id. —Sale under Later Judgment—Collateral Attack—Vacation of Earlier Judgment—Presumption. — Where a judgment roll is offered in evidence which improperly contains two judgments, it will be conclusively presumed upon collateral attack upon a sale under the later judgment, that the earlier judgment was vacated by consent of the parties, or under such circumstances as to justify its vacation by order of the court, and that an order vacating the earlier judgment, which forms no part of the judgment roll, appears in the minutes of the court, and it is not necessary in order to sustain such sale to offer any evidence that the former judgment was annulled.

Id.—Ejectment—Sale under Execution—Judgment—Effect of Appeal— Execution not Stayed.—In an action of ejectment, where the defendant claims the right to the possession of the property through a sale under an execution, it is necessary for him to introduce in evidence the judgment as the basis of the execution, and if the enforcement of the judgment has not been stayed, the fact that an appeal therefrom has been taken does not prevent the judgment from being received in evidence and considered, as a collateral fact in support of the execution.

Id.—Deed of Corporation—Seal—Contents of Deed—Capacity of Grantor — Objection upon Appeal.—If the grantor of a deed is in fact a corporation, and the corporation seal is affixed thereto, a statement in the deed that it is incorporated is not essential, and an objection upon appeal, that a deed offered in evidence at the trial does not show upon its face that the grantor was a corporation, will not he considered where the only objection to its introduction taken at the trial was the general objection that the deed was incompetent, irrelevant, and immaterial, there being no proof that the grantor was not a corporation in fact, and no objection urged upon that ground in the court below.

Id. — General Objections—Special Objection which Might be Obviated.— Under a general objection to evidence, a party cannot upon appeal urge an objection which is merely formal or special, and which, if it had been pointed out when the evidence *as offered, might have been obviated.

Id. — Map of City Lots—Deposit for Record — Acknowledgment not Re-' quired. — A map is not an “instrument” which affects the title or possession of real properly, within the meaning of the recording act, nor is it an instrument which is to be executed by the party who prepares it, or of which an execution can be acknowledged; but it is sufficient if it be deposited in the recorder’s office, and a map so deposited is properly referred to as being of “record” therein, and may he received in evidence, even though it be not acknowledged.