Hamilton’s Lessee v. Galloway
ADEED proved by the affidavit of one of the witneffes before a Juftice of the Court of Common Pleas, but not recorded, was offered in evidence.
It was objected, however, that this atteftation is no proof of the deed at common law, unlefs it be an ancient deed, and poffeffion is proved to have gone along with it ; for, the witnefs ought to appear in Court.—Nor is it admiffible under the Act oƒ Aʃʃembly, for that exprefsly requires it to be recorded.
Yeates anfwered, that the point had already been ruled in M‘Dill, verfus M‘Dill.[♦]
And,by the court : The deed may be read in evidence ; for, the recording does not contribute to the proof of the deed,
which is established by the oath before the justice ; the recording only gives the deed a special operation by the express provisions of the Act of Assembly.[♦]