Legal Opinion

Dinkins v. Moore

Supreme Court of Georgia

Decided January 15, 1855No. 7PublishedCited by 6 opinions

Trover, &c. in Sumter Superior Court. Tried before Judge Perkins, August Term, 1854. • This was an action by Dinkins and others, against Moore and Joseph White, for negroes. Plaintiffs offered in evidence a certified copy of a deed (the original being accounted for), made by Wm. P. Brown to one Mark Brown, for certain negroes to be held in trust.

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Trover, &c. in Sumter Superior Court. Tried before Judge Perkins, August Term, 1854. • This was an action by Dinkins and others, against Moore and Joseph White, for negroes. Plaintiffs offered in evidence a certified copy of a deed (the original being accounted for), made by Wm. P. Brown to one Mark Brown, for certain negroes to be held in trust. The deed concluded thus: “In witness whereof, I have hereunto set my hand and seal, this 8th day of May, 1827, and delivered the said negroes to the said Mark M. by the symbolical tradition of a pen-knife,” and was attested thus : “ In presence of…

1Opinion of the Court

By the Court.

Lumpkin, J.

delivering the opinion.

[1.] Was the copy deed properly rejected ? The answer to this question depends upon the fact, of whether or not this deed was legally recorded.

Under the Act authorizing this paper to go to registry, it could only be done in one of two ways, viz: either proof of its execution by one of the subscribing witnesses, or the official attestation of a magistrate. This instrument was admitted to record upon the latter mode. The grantor concluded the deed in the usual form — “ In testimony whereof, I have hereunto se( my hand and seal,” &c. adding, “and…

2Cited by6 opinions

  1. Myers v. PhillipsSupreme Court of Georgia · 1944
  2. Hansen v. OwensSupreme Court of Georgia · 1909
  3. In re HammettDistrict Court, N.D. Georgia · 1923
  4. Nalley Chevrolet, Inc. v. California BankCourt of Appeals of Georgia · 1959
  5. Stanley v. SuggsSupreme Court of Georgia · 1857

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