It is the same thing not to exist and not to appear.

Explanation

A right, condition, or fact that is not made to appear in the record or instrument is treated as if it did not exist; what cannot be shown cannot be relied upon.

Where this applies

• A right or fact that was never recorded or shown is treated as if it doesn't exist.
• If it doesn't appear in the record, the law treats it as nonexistent.
• What can't be shown can't be relied upon in court.

See also

• 10.4.2 A false description does not vitiate when the thing is sufficiently identified.
• 10.5.6 Things which do not appear are treated as though they do not exist; and not appearing judicially is the same as not being.