Majority
p. 182James H. F. Gam vs. Katie Cain and Joseph H. Cain. New Castle County, February Term, 1896. filed an affidavit in the above stated case, made by himself and the plaintiff, stating that the said plaintiff had recovered judgment against the defendant on
Headnote
Lost Record.—Under special circumstances, a verified copy of a lost inventory and appraisment may be substituted for the original.This was an application for leave to have a verified copy substituted by the sheriff for a lost inventory and appraisement.
P. L. Cooper, Jr., for the plaintiff,
p. 183which a fi. fa. had been issued at the May Term, 1893, and levy made; that a vend. exp. was ordered prior to this Court and returned with the execution by the Sheriff, with the endorsement, “ Stayed by plaintiff until further order,” when the fi. fa. and inventory attached to it were discovered to have been lost. That he (Mr. Cooper) had made a copy of the inventory and appraisement, said copy being attached to his affidavit, and asked that the inventory and appraisement might be substituted for the one lost, and a new writ of fi. fa. substituted for the one lost.
It appearing satisfactorily to us that this is an exact copy of the lost inventory and appraisement, we make the order asked for; but do not wish this to be considered as a precedent.