Smith v. Cox
Supreme Court of Georgia
Claim, in Marion Superior Court. Decided by Judges ‘Worrill, March Term, 1856. Three /?. fas. in favor of James R. Cox against Palestina Smith, issuing from judgments obtained at the May Term, 1852, of the Justice’s Court of the 807th district, G. M. of Marion County, were levied on a house and lot, and the property claimed by Jubilee Smith.
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Claim, in Marion Superior Court. Decided by Judges ‘Worrill, March Term, 1856. Three /?. fas. in favor of James R. Cox against Palestina Smith, issuing from judgments obtained at the May Term, 1852, of the Justice’s Court of the 807th district, G. M. of Marion County, were levied on a house and lot, and the property claimed by Jubilee Smith. At the trial in the Court below, the claimant relied on a. deed from the defendant in execution to him to the premises’ in dispute, bearing date the 9th day of March, 1852 — the consideration expressed in said deed being eleven hundred dollars. This deed…
1Opinion of the Court
By the Court.
Benning, J.
delivering the opinion.
We think that the Court erred, in not permitting the plaintiff to prove by the witness, Oliver, the sayings of the defendant in the fi. fa. These were uttered by the defendant at a time when it was against his interest to utter them. They were uttered before the suit of the plaintiff in the jft. fa. had been commenced. And it is a general principle, that sayings which, when made, are adverse to the interest of the utterer, are evidence against him, and all who stand in privity with him by a title arising subsequently to the sayings.
In the case of…
2Cited by4 opinions
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- Hayes v. HillSupreme Court of Georgia · 1898
- Saulsbury, Respess & Co. v. McKellarSupreme Court of Georgia · 1877
- Smith v. JohnsonCourt of Appeals of Georgia · 1913