Joseph Story

“ In a preceding instruction which the court had given to the jury, upon the application of the defendant himself, the probate of the deed by Governor Livingston before Judge Hobart, was treated as prima facie evidence of a delivery. It was there stated that the probate was 'only prima facie evidence, or evidence from which a delivery may be presumed, and may be rebutted by direct or circumstantial evidence, which raises a contrary presumption.' Is it not plain, then, that, if not so rebutted, the plaintiff is entitled to recover? What is prima facie evidence of a fact? ”

“ The jury are bound to consider it in that light, unless they are invested with authority to disregard the rules of evidence, by which the liberty and estate of every citizen are guarded and supported. No judge would hesitate to set aside their verdict and grant a new trial, if, under such circumstances, without any rebutting evidence, they disregard it. ”

“ The oath of a subscribing witness before the proper magistrate, and the subsequent registration are deemed sufficient prima facie evidence to establish its delivery as a deed. The objection was not indeed seriously pressed at the argument.'
We have seen no reason, upon the present argument, to be dissatisfied with the opinion thus expressed. It appears to us to be founded in principles of law, which cannot be shaken without undermining the great securities of titles to estates. ”