Matthews v. Castleberry
Supreme Court of Georgia
Ejectment. Evidence. Presumptions. Before Judge Harrell. Clay Superior Court. March Term, 1871. This was ejectment upon the demises of Stephen Dozier and Charles L. Matthews, against William Castleberry, tenant in possession, represented by his administrator, filed on the 22d of March, 1858. The pleas were the general issue and possession under color of title for seven years.
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Ejectment. Evidence. Presumptions. Before Judge Harrell. Clay Superior Court. March Term, 1871. This was ejectment upon the demises of Stephen Dozier and Charles L. Matthews, against William Castleberry, tenant in possession, represented by his administrator, filed on the 22d of March, 1858. The pleas were the general issue and possession under color of title for seven years. The plaintiff claimed by a grant from the State to Thomas Gill, and deeds from Gill to said Dozier, and from Dozier to said Matthews. The deeds were duly recorded, and the last mentioned was made in 1857. Introducing…
1Opinion of the Court
Lochrane, Chief Justice.
This was an action of ejectment for a lot of land, number three hundred and fifty-eight, in the 7th district of Clay county. At the trial the plaintiff filed an issue of forgery, under section 2670 of the Code of this State,- which issue, as required by law, was made up and tried as to the genuineness of the alleged deed. The conveyance, whose genuineness was assailed by the affidavit of defendant, was executed January 15th, 1840, and recorded September 21st of the same year, and was therefore over thirty years of age at the time of the trial.
In the view which we take…
2Cited by3 opinions
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- McArthur v. MorrisonSupreme Court of Georgia · 1899
- Gaskins v. GuthrieSupreme Court of Georgia · 1926