Chatman v. Hodnett
Supreme Court of Georgia
Equitable petition. Before Judge Freeman. Heard superior ■court. September 19, 1905. Maria L. Tbomasson brought suit against Chatman for certain land. She died, and Hodnett, her administrator, was substituted as plaintiff.
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Equitable petition. Before Judge Freeman. Heard superior ■court. September 19, 1905. Maria L. Tbomasson brought suit against Chatman for certain land. She died, and Hodnett, her administrator, was substituted as plaintiff. In her petition she claimed title under a deed made in 1875, and alleged, that in 1892 she instituted an ejectment suit against Chatman and others to recover said land, and, in 1895, obtained judgment in her favor; that in 1897, in pursuance of the judgment, a writ of possession was issued and she was put in possession of the land; that thereafter Chatman, without lawful…
1Opinion of the CourtBeck, J.
1. “When a certified copy of a recorded deed is offered in evidence, and is met by the affidavit of forgery provided for in the Civil Code, § 3826, the burden is upon the party offering the deed to show the existence and genuineness of the original, without reference to the fact that it appears to have been recorded. And this is true notwithstanding it appears from the certified copy that the original was more than thirty years old.” Bentley v. McCall, 119 Ga. 530.
2. The evidence in the present case offered by the defendant to establish the existence and genuineness of the original deed was…
2Cases cited1 opinion
- Bentley v. McCallSupreme Court of Georgia · 1904
3Cited by3 opinions
- Vickers v. HawkinsSupreme Court of Georgia · 1907
- Crider v. HarrisSupreme Court of Georgia · 1937
- National Life & Accident Insurance v. LeoCourt of Appeals of Georgia · 1934