Sutton v. McLeod
Supreme Court of Georgia
Ejectment, in Emanuel Superior Court. Tried before Judge Holt, at September Term, 1859. This was an action, under the form prescribed by the Act of 1847, brought by Abner Sutton against Duncan McLeod, for the recovery of a tract of land situated in the county © Emanuel, containing five hundred and ninety acres. The defendant pleaded the general issue and the statute of limitations.
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Ejectment, in Emanuel Superior Court. Tried before Judge Holt, at September Term, 1859. This was an action, under the form prescribed by the Act of 1847, brought by Abner Sutton against Duncan McLeod, for the recovery of a tract of land situated in the county © Emanuel, containing five hundred and ninety acres. The defendant pleaded the general issue and the statute of limitations. At the trial, on the appeal, plaintiff offered in evidence a copy grant (having accounted for the loss of the original) to John Kersey, and a deed from Kersey to plaintiff. He then offered in evidence a plat of the…
1Opinion of the Court
— Lumpkin J.
By the Court.
delivering the opinion.
[1.] The preliminary proof submitted to the Court, was sufficient, according to the 51st Common Law Rule of Practice, with which we are not disposed to interfere, to entitle the defendant to introduce the copy grants to Isaac Perry.
*593[2.] We see no error in the Court’s refusing to charge, as asked by plaintiff’s counsel, that the presumption was, that the ■title to the land in controversy had reverted to the State before -the younger grant issued. There was no proof offered by 'the plaintiff to raise such a presumption, and the. burden was upon…
2Cited by11 opinions
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- Jenkins v. Southern Railway Co.Supreme Court of Georgia · 1899
- Bennett v. HorrMichigan Supreme Court · 1881
- Blalock v. ThomasSupreme Court of Georgia · 1933
- Guthrie v. GaskinsSupreme Court of Georgia · 1930
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