Sykes v. Doe ex dem. McRory
Supreme Court of Georgia
Ejectment, in Henry Superior Court. Tried before Judge Stark, April Term, 1851. This was an action of ejectment, instituted by the defendant in error, against the plaintiff in error, as tenant in possession, for the recovery of lot of land, number-, in the 12th district of Henry County.
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Ejectment, in Henry Superior Court. Tried before Judge Stark, April Term, 1851. This was an action of ejectment, instituted by the defendant in error, against the plaintiff in error, as tenant in possession, for the recovery of lot of land, number-, in the 12th district of Henry County. On the trial the plaintiff offered in evidence a grant from the State of Georgia to Rachel McRory, for the lot of land, dated on the 21st November, 1823. It appeared upon the face of the grant that the name of the grantee had been changed from McCrary to McRory. The defendant objected to the evidence. Counsel…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
[1.] In Hilliard vs. Connelly, this Court held that the Act of 1837, authorizing and requiring the Governor and the Secretary of State, and the Comptroller General, to correct errors in grants, and to issue alias grants, was unconstitutional, so far as the rights of third persons, other than the State and the original grantee, were concerned. 7 Geo. R. 172.
The Executive order tendered in evidence on the trial, correcting the supposed mistake in the name of the grantee, bears date in 1839, while the record shows that two years previous to that…
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