Samuel Freeman Miller

“ That the state of Missouri had a right to pass the statute which makes the record in the offices of that state of a patent from the United States prima facie evidence of the contends of that patent, does not seem to be doubted. ”

“ This record of the Chouteau patent being, therefore, authorized by a valid law, we see no reason why a transcript of it is not of as much actual value, as evidence of the original patent, as a transcript from a similar record made at Washington city. In each instance the record is but the copy of the same instrument, made by different persons, who must be supposed to be equally honest, equally careful, and therefore equally accurate in the record which they made of the original. ”

“ The patent itself was not in evidence, but the defendant, who relied upon the statute of limitations, produced a certified copy of the patent from the United States to Chouteau from the office of the recorder of deeds of St. Louis county, made in that office in 1847, in which copy a seal in due form appears, and the instrument is perfect in every respect. The law of Missouri on the subject of the recording of patents for lands lying within that state is found in sections 3826 and 3827 of the Revised Statutes of that state. ”