Walls v. Smith
Supreme Court of Georgia
Ejectment, in Whitfield Superior Court. Tried before-Judge Trippe, April Term, 1855. This action was brought in February, 1852, to recover lot No. 283, 9th district, 3d section. The defendant relied on the Statute of Limitations. The following points arose on the trial: A deed being tendered by the plaintiff from David B. Tarvin to himself, it was objected to on the ground that it no where purported to have been delivered.
Read the full summary
Ejectment, in Whitfield Superior Court. Tried before-Judge Trippe, April Term, 1855. This action was brought in February, 1852, to recover lot No. 283, 9th district, 3d section. The defendant relied on the Statute of Limitations. The following points arose on the trial: A deed being tendered by the plaintiff from David B. Tarvin to himself, it was objected to on the ground that it no where purported to have been delivered. The Court over-ruled the objection, holding that the possession of the deed by plaintiff presumed a delivery; and on this- decision error is assigned. The defendant proved…
1Opinion of the Court
By the Court.
Staenes, J.
delivering the opinion.
[1.] An objection was made to the deed from Tarvin to-Smith, because there was no evidence of delivery in the certificate of attestation.
This deed is attested by two witnesses, one of whom was a Justice of the Peace. The attestation by a Justice is received in lieu of the affidavit of a subscribing -witness. Being on the record thus, in the “official attestation,” (to use the language of the Act of 1827,) of an officer appointed by law, to attest the due'and proper execution of such an instrument, and to make such certificate thereof as would…
2Cited by8 opinions
- Hamilton v. BoggessSupreme Court of Missouri · 1876
- Street v. CollierSupreme Court of Georgia · 1903
- Carstarphen v. HoltSupreme Court of Georgia · 1895
- Lee v. O'QuinSupreme Court of Georgia · 1898
- Blue Ridge Apartment Co. v. Telfair Stockton & Co.Supreme Court of Georgia · 1949
3 more not listed; retrieve them via the Exa API.