Tarver v. McKay
Supreme Court of Georgia
In Equity, in Baker Superior Court. Decision by Judge Perkins, May Term, 1854. This bill was filed by Henry A. Tarver, for a new trial, upon the following state of facts: Eliza McKay brought her action, to recover of Tarver a lot of'land and mesne profits, which whs pending on the appeal, in Baker Superior Court.
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In Equity, in Baker Superior Court. Decision by Judge Perkins, May Term, 1854. This bill was filed by Henry A. Tarver, for a new trial, upon the following state of facts: Eliza McKay brought her action, to recover of Tarver a lot of'land and mesne profits, which whs pending on the appeal, in Baker Superior Court. At the October Term, 1853, when the case was called, counsel for Tarver moved for a continuance, on the grounds: 1st. Of the -absence of his client; and 2d, the loss of the original deeds and title-papers of his client; which motion the Court refused. The bill alleged, that Tarver…
1Opinion of the Court
By Court.
Starnes, J.
delivering the opinion.
[1.] It is abundantly evident, from the record in this case, that the recovery of mesne profits, upon the trial at Common, Law, depended, almost altogether, upon the testimony of Wade C. Cox, as to the quantity of land under cultivation. The affidavit of this witness, appended to the bill, the truth of which is not denied by the answer, shows, that he erred in his testimony on this point—that he mistook the locus, (having “ in his mind another lot of land”,) and that he was mistaken, as tO’ the number of acres under cultivation.
The materiality of…
2Cited by1 opinion
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