The United States v. Joseph Delespine's Heirs, Lazarus and Others

Supreme Court

The United States v. Joseph Delespine's Heirs, Lazarus and Others

37 U.S. 654, 9 L. Ed. 1232, 12 Pet. 654, 1838 U.S. LEXIS 371

CourtSupreme Court of the United States

DecidedMarch 18, 1838

StatusPublished

Cited by7 cases

This text of 37 U.S. 654 (The United States v. Joseph Delespine's Heirs, Lazarus and Others) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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The United States v. Joseph Delespine's Heirs, Lazarus and Others, 37 U.S. 654, 9 L. Ed. 1232, 12 Pet. 654, 1838 U.S. LEXIS 371 (1838).

Pincite

Opinion

. 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 *656 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.

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. 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 *656 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.

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37 U.S. 654, 9 L. Ed. 1232, 12 Pet. 654, 1838 U.S. LEXIS 371, Counsel Stack Legal Research, https://law.counselstack.com/opinion/the-united-states-v-joseph-delespines-heirs-lazarus-and-others-scotus-1838.

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