Cooper v. O'Brien
Supreme Court of Georgia
Trover. Before Judge Eeese. Warren superior court. ‘October term, 1895. Cooper sued O’Brien to recover a lot of seed-cotton raised "by Moss. Plaintiff claimed the cotton under a bill of sale "to him from Moss; but upon offering the same in evidence, ■’it was rejected for want of proof of its execution, notwithstanding it appeared by an entry thereon to have been filed for record in the office of the clerk of the superior court.
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Trover. Before Judge Eeese. Warren superior court. ‘October term, 1895. Cooper sued O’Brien to recover a lot of seed-cotton raised "by Moss. Plaintiff claimed the cotton under a bill of sale "to him from Moss; but upon offering the same in evidence, ■’it was rejected for want of proof of its execution, notwithstanding it appeared by an entry thereon to have been filed for record in the office of the clerk of the superior court. "It purported to have been executed in the presence of G. P. Harris and W. H. Harris; and on the back of it was an -affidavit of W. H. Harris, that he saw Moss sign…
1Opinion of the Court
Lumpkin, Justice.
The only question in tbis case is whether or not a bill of sale attested by two subscribing witnesses is admissible-in evidence upon due proof of its execution by one only of them, without calling or accounting for tbe other. Tbe code, §3837, lays down tbe rule in general terms that the-subscribing “witness” must be produced in all cases except: in specified instances; and in section 3838 it is declared that if “tbe witness” is not produced, or, upon being produced, cannot recollect tbe transaction, tbe court may heaiany other evidence to prove tbe execution of tbe…
2Cases cited3 opinions
- Barron v. WalkerSupreme Court of Georgia · 1888
- Jackson v. SheldonSupreme Judicial Court of Maine · 1843
- Green v. GlassSupreme Court of Georgia · 1859
3Cited by1 opinion
- Cunningham v. CozzortCourt of Appeals of Georgia · 1964