Downs v. Yonge
Supreme Court of Georgia
Case, in Fulton Superior Court. Tried before Judge O. Warner, October Term, 1854. This was an action brought by James Downs and another, against Yonge, as Superintendent of the State Road, for damages to a lot of land No 112,14th district, 6th section DeKalb, now Fulton County, by the running of the rail road through the land. On the trial, the plaintiffs showed title in themselves.
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Case, in Fulton Superior Court. Tried before Judge O. Warner, October Term, 1854. This was an action brought by James Downs and another, against Yonge, as Superintendent of the State Road, for damages to a lot of land No 112,14th district, 6th section DeKalb, now Fulton County, by the running of the rail road through the land. On the trial, the plaintiffs showed title in themselves. Defendant then proved statutory title in one M. C. Martin, and offered in evidence a deed from Martin to the right of way, dated in May, 1838. This deed was attested by only one witness. Objection was made on that…
1Opinion of the Court
By the Court.
Benning, J.
delivering the opinion.
Neither the Common Law nor the Statute of Frauds requires that a deed, to be valid, must be executed in the presence of witnesses. (Com. Dig. Fait, (B. 4 a.) 2 Black. Com. 307.)
The Act of this State, of 1785, declares, that all deeds, by way of bargain and sale, executed under hand and seal, on a valuable consideration paid, in the presence of two or more toitnesses, that are proved or acknowledged, and that are registered within twelve months-from their date, shall be good and valid. But the Act does not declare that deeds deficient in any of…
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