Adams v. Wilder
Supreme Court of Georgia
Before Judge Fish. Dooly superior court. March term, 1892. On the trial of an ejectment case, the plaintiff tendered in evidence as part of his chain of title, “ a plat and grant from the State,” conveying the land in dispute. Defendant objected to the plat and grant, because they were torn or worn into many pieces and were unintelligible, and because there was no seal attached.
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Before Judge Fish. Dooly superior court. March term, 1892. On the trial of an ejectment case, the plaintiff tendered in evidence as part of his chain of title, “ a plat and grant from the State,” conveying the land in dispute. Defendant objected to the plat and grant, because they were torn or worn into many pieces and were unintelligible, and because there was no seal attached. They were badly mutilated, but might possibly have been intelligible by carefully putting the many pieces together. Plaintiff offered to prove by one Brooks, “ that the wax and seal had been attached to said plat and…
1Opinion of the Court
Bleckley, Chief Justice.
The document tendered in evidence as a plat and grant from the State to Sanders was in ruins. It was a mass of fragments which may or may not have been intelligible had they been carefully put together. There was no proof of their genuineness, or that the instrument which might possibly have been reconstructed by a proper arrangement of the several fragments, was ever executed. The effort was to verify and authenticate the mass by showing “ that the wax and seal had been attached to said plat and grant, and was lost.” This evidence would have been admissible had there…
2Cases cited1 opinion
- Doe ex dem. Smalley v. McKilvainSupreme Court of Georgia · 1853
3Cited by8 opinions
- Wofford v. VandiverCourt of Appeals of Georgia · 1945
- Mitchell v. CrummeySupreme Court of Georgia · 1910
- Robinson v. McAlpinSupreme Court of Georgia · 1908
- Giles v. VastakisCourt of Appeals of Georgia · 2003
- Lowe v. WatsonSupreme Court of Georgia · 1971
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