Sessions Faircloth v. Jordan
Supreme Court of Georgia
Ejectment, in Dougherty Superior Court. Tried before Judge Perkins, May Term, 1855. This was an action brought by plaintiffs in error, against defendant in error, for a lot of land, No. 318, in 2ddist. The land was drawn by one John H. Baugh, and granted to him 2d March, 1836. On 10th January, 1834, Baugh conveyed to Carmichael, and this deed was recorded in the proper office, 24th December, 1836. A regular chain brought the title down to plaintiffs.
Read the full summary
Ejectment, in Dougherty Superior Court. Tried before Judge Perkins, May Term, 1855. This was an action brought by plaintiffs in error, against defendant in error, for a lot of land, No. 318, in 2ddist. The land was drawn by one John H. Baugh, and granted to him 2d March, 1836. On 10th January, 1834, Baugh conveyed to Carmichael, and this deed was recorded in the proper office, 24th December, 1836. A regular chain brought the title down to plaintiffs. On 21st December, 1837, Baugh conveyed the same land to one Giles Tompkins, and his deed was recorded in the proper office, September 5th, 1838.…
1Opinion of the Court
By the Court.
Benning, J.
delivering the opinion.
Was it right in the Court to admit Baugh’s testimony?
[1.] Tho admission of this testimony was objected to, on only one ground, viz : “ that it was in evidence that the subscribing witnesses had an actual existence, they having proved the -existence of the deed, and the maker was incompetent to gainsay what the subscribing witnesses had sworn.” And this was not a sufficient ground. (Busby vs. Greenslate, 1 Str. 445. Lowe vs. Jolliffe, 1 W. Bl. 365. Jordaine vs. Lashbrooke, 7 T. R. 608. 1 Ph. Ev. 48. 1 Green. Ev. §384.)
Was the charge of the Court…
2Cited by2 opinions
- Lessee of Dudley v. BradshawSupreme Court of Georgia · 1859
- Dodd v. WilliamsMissouri Court of Appeals · 1877