John Marshall

“ STOCKLEY D. MITCHELL, Clerk of the Court of Pleas, &c. for Hawkins county, Tennessee.
The difficulty of applying this certificate to the deed offered in evidence, is insurmountable. The deed offered in evidence purports to have been executed by Stockley Donelson and John Hackett, each for himself, and not by attorney. The probate indorsed on the deed, represents it to have been so executed. The entry certified by Stockley D. Mitchell in 1828, shows the probate of a deed executed by Stockley Donelson for himself, and as attorney in fact for John Hackett. They cannot be presumed to be the same. ”

“ So in this case; instead of stating the fact to which the witness testified, the clerk certifies that the deed was proved. This, according to the decision in the case cited, is a legal inference which the court alone could draw from the fact as certified.
In the same case a deed was offered from Gales to the lessor of the plaintiff, indorsed thus. 'February session 1802. This deed was legally admitted to record.' The court allowed this deed also to be given in evidence, and an exception was taken to its admission. ”

“ We are of opinion that there is no error in the opinions given by the circuit court. The judgment is affirmed, with costs.
This cause came on to be heard on the transcript of the record from the circuit court of the United States for the district of East Tennessee, and was argued by counsel ”