Kennedy v. Harden
Supreme Court of Georgia
Issue of forgery. Before Judge Hutchins. Gwinnett superior court. September term, 1892. An action of ejectment upon the demise of Martha "A. and Mary Bagley and William S. Harden, and upon other demises, against J. B. Kennedy, for certain land in Gwinnett county, came on to be tried, and pending the trial plaintiffs offered in evidence a certified copy of an agreement or deed made by the heirs at law and distributees of Robert Harkness, to plaintiffs as remainder-men, to the…
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Issue of forgery. Before Judge Hutchins. Gwinnett superior court. September term, 1892. An action of ejectment upon the demise of Martha "A. and Mary Bagley and William S. Harden, and upon other demises, against J. B. Kennedy, for certain land in Gwinnett county, came on to be tried, and pending the trial plaintiffs offered in evidence a certified copy of an agreement or deed made by the heirs at law and distributees of Robert Harkness, to plaintiffs as remainder-men, to the premises in dispute. Defendant filed an affidavit under section 2712 of the code, alleging that to the best of his…
1Opinion of the Court
Bleckley, Chief Justice.
The code, in section 2712, provides that “A registered deed shall be admitted in evidence in any court in this State without further proof, unless the maker of the deed-, or one of his heirs, or the opposite party in the cause, will file an affidavit that the said deed is a forgery, to the best of his knowledge and belief, when the court shall arrest the cause and require an issue to be made and tried as to the genuineness of the alleged deed.” The issue which this provision contemplates can be raised only when there is a deed produced which is registered, and which on…
2Cited by3 opinions
- Hayden v. MitchellSupreme Court of Georgia · 1898
- Smith v. StoneSupreme Court of Georgia · 1907
- Bagley v. KennedySupreme Court of Georgia · 1894