A copy of the record of any deed, mortgage, power of attorney, or other instrument required or allowed to be registered, duly authenticated by the certificate and official seal of the register of deeds of the county where the original or duly certified copy has been registered, may be given in evidence in any of the courts of the State where the original of such copy would be admitted as evidence, although the party offering the same shall be entitled to the possession of the original, and shall not account for the nonproduction thereof, unless by a rule or order of the court, made upon affidavit suggesting some material variance from the original in such registry or other sufficient grounds, such party shall have been previously required to produce the original, in which case the same shall be produced or its absence duly accounted for according to the course and practice of the court. (1846, c. 68, s. 1; R.C., c. 37, s. 16; Code, s. 1251; 1893, c. 119, s. 2; Rev., s. 1598; C.S., s. 1763.)
Notes of Decisions
Cited in
5
cases, 1950–1997 · leading case:
Whichard v. Oliver, 287 S.E.2d 461 (N.C. Ct. App. 1982).
Whichard v. Oliver, 287 S.E.2d 461 (N.C. Ct. App. 1982).
“8-6; G.S. 8-18; 1 Stansbury’s N.C. Evidence § 77 (Brandis Rev.”
Hi-Fort, Inc. v. Burnette, 257 S.E.2d 85 (N.C. Ct. App. 1979).
“1A-1, Rule 44(a) and G.S. 8-18. To the contrary, however, the certification of the Register of Deeds of Swain County clearly appears upon the face of the documents.”
State v. Dunn, 141 S.E.2d 630 (N.C. 1965).
“The defendant contends that such instrument is not admissible until it has been properly identified by the register of deeds in the manner set forth in G.S. 8-18. This statute is not applicable when the original instrument is offered in evidence with the certificate of the…”
Jones v. Arehart, 479 S.E.2d 254 (N.C. Ct. App. 1997).
· cites it 2× “*93 Moreover, N.C. Gen. Stat. § 8-18 (1986) allows a certified copy of a registered map to be introduced into evidence unless it is shown by affidavit that there is some material variance from the original map in the registry.”
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