Webb v. Doe ex dem. Wilcher
Supreme Court of Georgia
Ejectment, from DeKalb Superior Court. Tried before Judge Bull, at the October Term, 1863. This was an action in favor of John Doe, on the joint demise of John R. Wileher and Thomas A. Wileher, heirs at law of Charles Wileher, deceased, against Richard Roe, casual ejector, and Matilda Webb, tenant in possession, for the recovery of lot of land No. 35, in the eighteenth district of originally Henry county, but now in the county of DeKalb.
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Ejectment, from DeKalb Superior Court. Tried before Judge Bull, at the October Term, 1863. This was an action in favor of John Doe, on the joint demise of John R. Wileher and Thomas A. Wileher, heirs at law of Charles Wileher, deceased, against Richard Roe, casual ejector, and Matilda Webb, tenant in possession, for the recovery of lot of land No. 35, in the eighteenth district of originally Henry county, but now in the county of DeKalb. On the trial of the case in the Court below, the plaintiff proved the locus and the tenancy of the defendant, and the value of the rent, and then introduced…
1Opinion of the Court
By the Court. —
Jenkins, J., delivering the opinion.
Error is assigned on the judgment of the Court below, refusing to grant a new trial, asked upon four grounds, which we must consider.
The first and second, relate to the admission in evidence, of a deed which had not been recorded, the plaintiff in error insisting, that there was no sufficient proof of its execution, and that it should not have been admitted as an ancient document, though purporting to have been executed about forty years prior to the trial.
*568If admissible on either ground, though inadmissible on the other, the Court must be…
2Cited by7 opinions
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- Dodge v. BriggsU.S. Circuit Court for the Southern District of Georgia · 1886
- McCandless v. Inland Acid Co.Supreme Court of Georgia · 1899
- Latham v. InmanSupreme Court of Georgia · 1891
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