Brown v. Driggers
Supreme Court of Georgia
Homestead. Evidence. Yerdict. Before Judge Tompkins. Bulloch Superior Court. March Term, 1878. Mrs. Driggers and her children filed their bill against Brown.
Read the full summary
Homestead. Evidence. Yerdict. Before Judge Tompkins. Bulloch Superior Court. March Term, 1878. Mrs. Driggers and her children filed their bill against Brown. They alleged that in the life time of Driggers (since deceased) a homestead was set apart to himself and family ; that Brown wanted the place, and induced Driggers to consent to sell by various means, especially by the use of undue influence over him while intoxicated; that he coerced his wife to sign with him the deed to Brown by the use of threats, etc.; and that Brown knew this when he bought. The object of the bill was to cancel the…
1Opinion of the Court
Jackson, Justice.
"When this case was here before, reported in 60 Ga., 114. it was sent back solely because the homestead papers were improperly admitted in evidence, and complainants’ case broke down on that point; this court holding that the certified copy of the plat of homestead from the office of the clerk of the superior court was.not primary evidence of the homestead, but that the original, which ought to be in the possession of complainants, must first be accounted for.
*3561. On this trial the loss of the original is sufficiently accounted for by the oaths of Mrs. Driggers, and the ordinary…
2Cases cited2 opinions
- Long v. BullardSupreme Court of Georgia · 1877
- Brown v. DriggersSupreme Court of Georgia · 1878
3Cited by2 opinions
- Hefner v. HallSupreme Court of Georgia · 1967
- Paschal v. TurnerSupreme Court of Georgia · 1902