THE UNITED STATES, APPELLANTS
v.
JOSEPH DELESPINE'S HEIRS, LAZARUS AND OTHERS
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The United States challenged the admission of a copy of a copy of a Spanish land grant to Joseph Delespine as evidence in a Florida land claim case, arguing that secondary evidence should not have been accepted. The Supreme Court upheld the lower court's decision, holding that the copy was properly admitted because the original document had been lost and the copy was the best evidence available under the circumstances, having been certified by the appropriate government official and maintained in official archives.
© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
. Mr. Justice Wavne delivered the opinion of the Court:
In this case.it is conceded by the attorney .general that the. only ground upon which it can be taken out of the decisions of-this Court j confirming' the decrees of the courts of Florida, upon grants and concessions of land made by the, authorities of the king of Spain to his subjects, before the 24th January, 1818; was, that .the superior court of East Florida, in adjudicating upon this claim, received as evidence the copy of a copy of a concession or grant to Joseph Delespine. - We think the copy, in this instance, was properly received by the court. The first copy was made from the original, filed in the proper office, from which the original could not be removed for any purpose. -That copy, it is admitted, would have been evidence in the cause. It is shown, by the affidavit .of Mr. Drysdale, to have been lost whilst the claim was under examination by the board of commissioners established by congress for ascertaining land claims in Florida; and that the copy received as evidence, is a translation of the first, certified by the secretary of the board of land cornrhission-' ers, whose duty it was to translate Spanish documents, given'in evidence before-the board of land commissioners; and is. a part of the papers in this claim, transferred, according to law, to' the keeper of the public archives of East Florida.' And it appears, also, by proofs in this cause, that the papers in the office from which the first copy was taken, and' the original of which is also sufficiently proved to have been on file, have been, by accident or-otherwise, mutilated, since the first copy-was taken; that the original could no longer be fqund; and, consequently, that" the copy in this case, was the best evidence, from the nature of the case, which could be given of the existence of an original' paper lost or destroyed. >
The decree of the superior court of East Florida was confirmed.
This cause came on to be heard on tne transcript of the.record from the superior court foy the district of East Florida, and was argued by counsel. On consideration whereof, it is no.w here decreed and ordered by this Court, that the decree of the said superior court in this cause be, and the same is.hereby affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Sullivan v. Richardson, 33 Fla. 1 (Fla. 1894)
-
Fox v. Loews Corp., 17 La. 220 (S.D. Fla. 2018)