Doe ex dem. Davenport v. Roe
Supreme Court of Georgia
Ejectment. Tried before Judge Worrili., October Term, 1858, Taylor Superior Court. Suit was brought by the plaintiff in error, on the several demises of John L. Brooks, Charles J. Davenport and others, against the defendants in error, for a lot of land in Taylor county. On the trial, plaintiff read in evidence a copy plot and grant from the State to said John L. Brooks, of the land in dispute.
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Ejectment. Tried before Judge Worrili., October Term, 1858, Taylor Superior Court. Suit was brought by the plaintiff in error, on the several demises of John L. Brooks, Charles J. Davenport and others, against the defendants in error, for a lot of land in Taylor county. On the trial, plaintiff read in evidence a copy plot and grant from the State to said John L. Brooks, of the land in dispute. He then proved the possession of the premises by the tenant, Harris, at the commencement of the suit. He then read in evidence a deed from Raymond Davenport to his son, Charles J. Davenport, dated 5th…
1Opinion of the Court
By the Court.
McDonald J.
delivering the opinion.
[1.] The first assignment of error is on the decision of the Court allowing the defendant to withdraw that part of B. Lockhart’s evidence which related to the Sheriff’s sale at Tazewell, and the sayings of Sears as to the destruction of the deed from the Sheriff. The part of the evidence withdrawn was not material to the issue to be tried, or, if at all material, it was favorable to the parly making the motion, and could not possibly prejudice the plaintiff The deed was a deed from the Sheriff to Sears, but the evidence did not disclose the name…
2Cited by2 opinions
- Zipperer v. Mayor of SavannahSupreme Court of Georgia · 1907
- Norris v. StateCourt of Appeals of Georgia · 1929