Durham v. Holeman
Supreme Court of Georgia
Complaint in Ejectment, in Sumter Superior Court. Tried before Judge Allen, at April Term, 1860. This suit was brought by Durham against Holeman to recover lot No. 221, in the sixteenth district of Sumter county. On the trial, the plaintiff introduced the grant from the State to himself, dated June 2d, 1843, and having shown the defendant to have been in possession at the commencement of the suit, closed his ease.
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Complaint in Ejectment, in Sumter Superior Court. Tried before Judge Allen, at April Term, 1860. This suit was brought by Durham against Holeman to recover lot No. 221, in the sixteenth district of Sumter county. On the trial, the plaintiff introduced the grant from the State to himself, dated June 2d, 1843, and having shown the defendant to have been in possession at the commencement of the suit, closed his ease. The defendant was then sworn before the Court, and stated that there was a copy deed on record, (the original he had never seen or had,) purporting to have been made by plaintiff to…
1Opinion of the Court
By the Court.
Lyon, J.,
delivering the opinion.
1. Before secondary evidence of the contents of a lost deed can be gone into, the existence and execution of such deed must be established by proof. This question was thoroughly investigated and fully settled by this Court in Young vs. Bigelow, decided at the March Term, 1860, of this Court at Atlanta. 1 Phil. Ev., 452; 1 Gr. Ev., sec. 558, and note. It was error, therefore, in the Court to permit a copy, from the record, of the deed purporting to be from the plaintiff to one Josiah Bradley, to be read to the jury as evidence, without proof .of the…
2Cases cited1 opinion
- Paxson v. BaileySupreme Court of Georgia · 1855
3Cited by28 opinions
- Poullain v. PoullainSupreme Court of Georgia · 1886
- Bradley v. SheltonSupreme Court of Georgia · 1940
- Parker v. Waycross & Florida RailroadSupreme Court of Georgia · 1889
- Shahan v. WatkinsSupreme Court of Georgia · 1942
- McDonald v. TaylorSupreme Court of Georgia · 1946
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