Doe ex dem. Henderson v. Hackney
Supreme Court of Georgia
Ejectment, in' Whitfield Superior Court. Tried before Judge John H. Lumpkin, April Term, 1854. The plaintiff in this cause introduced a deed, dated August 5th, 1839, from Eli Nicks to himself, for the land in dispute ; and a-grant from the State to Elias Nicks, of Walden’s district, Pulaski County, for the same lot, dated May the 10th, 1841, recorded 23d January, 1840. The land was drawn in the Cherokee Land Lottery.
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Ejectment, in' Whitfield Superior Court. Tried before Judge John H. Lumpkin, April Term, 1854. The plaintiff in this cause introduced a deed, dated August 5th, 1839, from Eli Nicks to himself, for the land in dispute ; and a-grant from the State to Elias Nicks, of Walden’s district, Pulaski County, for the same lot, dated May the 10th, 1841, recorded 23d January, 1840. The land was drawn in the Cherokee Land Lottery. The plaintiff then offered in evidence a certificate from the Secretary of the Executive Department, under the seal of that department, to the effect that he had examined the…
1Opinion of the Court
By the Court.
Benning, J.
delivering the opinion.
The deed to Henderson, the plaintiff below, having been made by JEli Nicks,, and the grant from the State having been made to JElias. Nicks, it was important to Henderson to show that Eli Nicks and Elias Nicks were the same person.
To show this, any thing going to show how many Elias Nichses orEliNickses there were in the district of the residence *524of the drawer, at the time of the giving in for draws, would be pertinent evidence. And how many there were of these, the certificate from the Executive Department would go to show.
That certificate,…
2Cases cited1 opinion
- Greene v. BarnwellSupreme Court of Georgia · 1852
3Cited by12 opinions
- Moore v. United StatesSupreme Court of the United States · 1876
- Brooks v. StateCourt of Appeals of Georgia · 1940
- Gibson v. GibsonCourt of Appeals of Georgia · 1936
- Walker v. WellsSupreme Court of Georgia · 1858
- Clark v. Empire Lumber Co.Supreme Court of Georgia · 1891
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