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GARLAND'S EXECUTORS v. GOODLOE'S ADMINISTRATORS.

1. The register's certificate of instruments not required by law to be registered is of no validity.

2. The loss of a bill of sale may be proved by the party's own oath, and if there be no copy, parol evidence of its contents may be given.

3. If the subscribing witness to a bill of sale, which is lost, be dead, others may prove its contents.

4. If the vendee of a slave be sued, and give notice to the vendor of the suit, the record of the recovery against the vendee is conclusive evidence, as to the vendor, of the superior title of the recoverer.

NOTE. — As to the first point, see Yarborough v. Beard, 1 N.C. On the second, see Smallwood v. Mitchell, ante, 145, and the cases referred to in the note to that case. On the third, see the cases referred to in the note to Tullock v. Nichols, 1 N.C. 27. And on the last point, see Wright v. Walker, ante, 16, and the cases there referred to in the note.

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GARLAND v. GOODLOE
(Jan 1, 1805)