Sperber v. Balster
Supreme Court of Georgia
Wills. Deeds. Jurisdiction. Evidence. Before Judge Fleming. Effingham Superior Court; November Term, 1880. Balster et al. brought ejectment against Sperber et al. The case was dismissed as to the others, and proceeded against Sperber alone. Plaintiffs claimed as heirs at law of Kohler, deceased; defendant claimed under the following instrument: State of Georgia — Effingham County.
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Wills. Deeds. Jurisdiction. Evidence. Before Judge Fleming. Effingham Superior Court; November Term, 1880. Balster et al. brought ejectment against Sperber et al. The case was dismissed as to the others, and proceeded against Sperber alone. Plaintiffs claimed as heirs at law of Kohler, deceased; defendant claimed under the following instrument: State of Georgia — Effingham County. This Indenture made this the eleventh (11) day of February, 1880, between August Kohler of the first part, of the county of Effingham, and Sophestina Sperber of the second part, of said county above mentioned,…
1Opinion of the Court
Jackson, Chief Justice.
1. But two questions are before us in this case ; first, is the paper offered in evidence to show title out of decedent, and therefore out of his heirs, a deed, or is it a will; and' secondly, if a will, can it be proved so as to pass title without regular probate before the court of ordinary?
But for the case in 31 Ga , 720, we should hold that the ■ first question did not admit of argument. For though there be several formal indicia of a deed in the paper, yet construing the whole instrument together and looking for the intention of the grantor to pass a present estate…
2Cited by17 opinions
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- Pinkham v. PinkhamNebraska Supreme Court · 1898
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