John Marshall

“ No reason is perceived why such evidence should not be as satisfactory in the case of a deed as in the case of a bond. But the deed is lost, and positive proof of the handwriting is not to be expected or required. The grantee must depend on other proof.
The deed purports to have been executed more than thirty years past. The mayor of Philadelphia, the person entrusted by law with receiving and certifying the acknowledgement or proof of the deed, has certified in legal form that it was proved to him by one of the subscribing witnesses. ”

“ Add to these strong circumstances, the testimony which after the long lapse of time the plaintiff has been enabled to procure. Phillips and Stephens have been long dead; Marshall has conveyed the land to Sicard with a general warranty, by a deed regularly authenticated and recorded, and is of course, if alive, disqualified as a witness. One witness deposes that he was long acquainted with Joseph Phillips and Stephens and Marshall, that he heard them speak of the conveyance of the tract of land in controversy as made by Phillips to Stephens, and by Stephens to Marshall. ”

“ At the trial the plaintiff gave in evidence to the jury the patent to Joseph Phillips, and proved that it covered the land in controversy, and that the defendants were in adverse possession at the time of the commencement of this suit. He also offered in evidence copies of deeds which purported to convey the title from the patentee to Benjamin Stephens, from Stephens to Samuel Robert Marshall, and from Marshall to the plaintiff. ”