Doe ex dem. Eady v. Roe
Supreme Court of Georgia
Ejectment. Evidence. Before Judge IIareell. Clay Superior Court. April Term, 1870. Doe, on the demise of Eady, Thomas J. Smith and Sarah A Cook, executrix ofW. C. Cook, and others,brought ejectment against Eoe, casual ejector, and C. B. Shivey, tenant in possession, for lot number three hundred and sixty-six in said county.
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Ejectment. Evidence. Before Judge IIareell. Clay Superior Court. April Term, 1870. Doe, on the demise of Eady, Thomas J. Smith and Sarah A Cook, executrix ofW. C. Cook, and others,brought ejectment against Eoe, casual ejector, and C. B. Shivey, tenant in possession, for lot number three hundred and sixty-six in said county. Plaintiff’s counsel read in evidence a grant of said lot from the State to Eady, dated 15th January, 1821. They then produced an affidavit by said Smith, “that the title deeds composing the chain of title from the owners and as they are recorded are not in his possession,…
1Opinion of the Court
By the Court
McCay, J.,
delivering the opinion.
We think the Court erred in rejecting the copy deeds. The affidavits conformed strictly to the forty-second rule of Court. It is true, there was nothing in the affidavits affirming, directly, the existence and genuineness of the originals. We are of the opinion that this was proven “prima facie,” by the certified copies from the record. Why should not the existence of a proper record, be evidence of the existence and contents of a lost original? To go to record, a deed must be probated, either executed, or acknowledged before a magistrate, or…
2Cited by6 opinions
- Hayden v. MitchellSupreme Court of Georgia · 1898
- Sims v. ScheusslerCourt of Appeals of Georgia · 1907
- Bentley v. McCallSupreme Court of Georgia · 1904
- Cannon v. GorhamSupreme Court of Georgia · 1911
- Cox v. McDonaldSupreme Court of Georgia · 1903
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