Smith v. Smith
Supreme Court of Georgia
Equitable petition. Before Judge Butt, court. November term, 1899. Muscogee superior
1Opinion of the CourtLumpkin, P. J.
1. When this case was here at the October term, 1898, we ruled that: “To justify the admission of secondary evidence as to the contents of a lost deed, it must be shown not only that such a deed once existed, but also that it was properly executed.” See 106 Ga. 303. At the trial now under review, the defendants undertook to meet this requirement hy introducing a witness who testified he had seen the instrument the execution of which they sought to prove, and that he “was present when it was *352signp.rl.” He did not, however, undertake to go further and state that it was signed by the alleged…
2Cases cited3 opinions
- Farris v. BattleSupreme Court of Georgia · 1887
- Taylor v. ReeseSupreme Court of Georgia · 1899
- Smith v. SmithSupreme Court of Georgia · 1898
3Cited by24 opinions
- Cawthon v. StateSupreme Court of Georgia · 1904
- Luttrell v. WhiteheadSupreme Court of Georgia · 1905
- Ocean Steamship Co. v. HamiltonSupreme Court of Georgia · 1901
- Knowles v. KnowlesCourt of Appeals of Georgia · 1972
- Beall v. Mineral Tone Co.Supreme Court of Georgia · 1929
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