Ford

Murray, C. J., concurred.

*321 The first four points or assignments of error may be considered together.

They rest upon the objection made by the defendant to the introduction in evidence of the records of the Probate Court showing a division of the lands of William Welch, deceased, by which his widow is said to have obtained as part of her distributive share the land in controversy; and upon the objection to the introduction of the mesne conveyances through which the plaintiff claims to derive title from her.

If the land belonged to Welch in his life time, I see no reason why it should not be permitted to show the division among his devisees or heirs.

The appellant’s counsel argues upon the assumption that no title was shown in Welch, but we cannot presume such a state of the case in the absence of anything in the record so show it. The record contains a statement of evidence, but it not only does not show that this was all of the evidence, but on the contrary it sets it out as “the evidence in explanation and support” of the grounds taken, leaving the inference clear that there was more evidence in the cause, which has been omitted from the statement as unnecessary to…