Marshall v. Morris
Supreme Court of Georgia
Claim, in Crawford Superior Court. Tried before Judge Powers, March Term, 1854. This was a claim interposed by Rboda Morris to certain ne~ groes, levied on as the property of Richard Morris, her former husband, by a fi. fa. in favor of James W. Marshall vs. said Morris, transferred to Matthew A. Marshall, the plaintiff.
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Claim, in Crawford Superior Court. Tried before Judge Powers, March Term, 1854. This was a claim interposed by Rboda Morris to certain ne~ groes, levied on as the property of Richard Morris, her former husband, by a fi. fa. in favor of James W. Marshall vs. said Morris, transferred to Matthew A. Marshall, the plaintiff. On the trial, the plaintiff introduced the fi. fa. transferred as aforesaid; and proved the negroes to have been, since the rendition of the judgment, in the possession of Richard Morris. The claimant then offered a copy, from the records, of a deed of marriage settlement,…
1Opinion of the Court
By the Court.
Benning, J.
delivering the opinion.
The record copy of the deed, contained in the record -book, was properly admitted as evidence.
[1.] The loss of the original, was sufficiently shown by Mir; Hall’s testimony. That testimony amounted to more than the :rule of Court requires. The rule is, “Whenever a party wishes 'to-introduce the copy of a deed or other instrument between the parties litigant, in evidence, the oath of the party stating his belief of the loss or destruction of the original, and that it is-not in his possession, power or custody, shall be a sufficient foundation for…
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