Legal Opinion

Bentley v. McCall

Supreme Court of Georgia

Decided February 15, 1904PublishedCited by 7 opinions

■ Equitable petition. Before Judge Roberts. ' Wilcox superior court. May 15, 1903. The certified copy deed referred to in the opinion was of a deed which purported to have been executed by M. A. Bentley to George K. Hamilton, dated May 28, 1846. The evidence offered in connection with this certified copy was, in substance, as follows : A chain of title to the la,nd in dispute, beginning with a deed from Hamilton to Rowe, dated December 9, 1856, and ending with a deed from…

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■ Equitable petition. Before Judge Roberts. ' Wilcox superior court. May 15, 1903. The certified copy deed referred to in the opinion was of a deed which purported to have been executed by M. A. Bentley to George K. Hamilton, dated May 28, 1846. The evidence offered in connection with this certified copy was, in substance, as follows : A chain of title to the la,nd in dispute, beginning with a deed from Hamilton to Rowe, dated December 9, 1856, and ending with a deed from Conner to defendant, dated June 16, 1891. Certificate from the secretary of State, that David G, Saulsbury, who purported…

1Opinion of the CourtCobb, J.

This was an equitable action brought for the recovery of land. The jury returned a verdict in favor of the defendant, and the plaintiffs complain that the court erred in overruling their motion for a new trial. The case as presented in this court depends upon the determination of one question, and that is, whether the court erred in admitting in evidence a certified copy of a deed under which the defendant claimed. When the certified copy was offered in evidence, one of the plaintiffs filed the affidavit of forgery authorized by the Civil Code, § 3826. The effect of filing this affidavit is…

2Cases cited9 opinions

  1. DeVaughn v. McLeroySupreme Court of Georgia · 1889
  2. Terry v. RodahanSupreme Court of Georgia · 1888
  3. Hayden v. MitchellSupreme Court of Georgia · 1898
  4. Crummey v. BentleySupreme Court of Georgia · 1902
  5. Patterson v. CollierSupreme Court of Georgia · 1885

4 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Kohlmeyer & Co. v. BowenCourt of Appeals of Georgia · 1972
  2. Willie v. Hines-Yelton Lumber Co.Supreme Court of Georgia · 1929
  3. Campbell v. SimsSupreme Court of Georgia · 1926
  4. Chatman v. HodnettSupreme Court of Georgia · 1907
  5. McDonald v. Redding Lumber Co.Court of Appeals of Georgia · 1931

2 more not listed; retrieve them via the Exa API.

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