Legal Opinion

Smith v. Simmons

Court of Appeals of Georgia

Decided May 14, 1926No. 17049PublishedCited by 5 opinions

1Opinion of the CourtStephens, J.

1. Irrespective of a recital of locality in the caption of a written instrument, the instrument, in the absence of proof otherwise, was presumably executed in the county of the official witness attesting it. Ga. L. 1918, p. 209; Park’s Code Supp,, § 4202(a). A retention-of-title contract attested by a person described as a commercial notary public of Laurens county, Georgia, although the caption of the instrument indicates that it was executed in a town in Washington county, *428Georgia, is presumably officially executed in Laurens county, Georgia. It nevertheless is legally entitled to record in…

2Cases cited2 opinions

  1. A. S. Thomas Furniture Co. v. T. & C. Furniture Co.Supreme Court of Georgia · 1904
  2. Nichols v. HamptonSupreme Court of Georgia · 1872

3Cited by5 opinions

  1. Paradies & Rich v. Warren Co.Court of Appeals of Georgia · 1936
  2. Master Loan Service Inc. v. MaddoxCourt of Appeals of Georgia · 1942
  3. Pinson-Brunson Motor Co. v. Bank of DanielsvilleCourt of Appeals of Georgia · 1930
  4. Stewart v. Caye & Co.Court of Appeals of Georgia · 1937
  5. Yancey Bros. v. CaldwellCourt of Appeals of Georgia · 1956

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