Legal Opinion

Williams v. Greer

Supreme Court of Georgia

Decided January 15, 1853No. 74PublishedCited by 4 opinions

Debt, &c. in Stewart Superior Court. Decision by Judge Iverson. October Term, 1852. Berrien Williams brought an action of debt, upon the following instrument, declaring upon it as a sealed bond ; “ Georgia, Stewart County : Know all men by these presents, that I, James Greer, of the County of Stewart, and State aforesaid, am held and firmly bound unto Berrien Williams, of the County of Paulding, and State aforesaid, in the sum of six hundred dollars, for the true payment of…

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Debt, &c. in Stewart Superior Court. Decision by Judge Iverson. October Term, 1852. Berrien Williams brought an action of debt, upon the following instrument, declaring upon it as a sealed bond ; “ Georgia, Stewart County : Know all men by these presents, that I, James Greer, of the County of Stewart, and State aforesaid, am held and firmly bound unto Berrien Williams, of the County of Paulding, and State aforesaid, in the sum of six hundred dollars, for the true payment of which I firmly bind myself, my heirs and assigns, unto the said Berrien Williams, his heirs and assigns, this 2nd May,…

1Opinion of the Court

By the Court.

Warner, J.

delivering the opinion.

[1.] The only question made by this record, for our consideration and judgment is, whether the instrument declared on by plaintiff, is an instrument under seal. The Court below ruled that it was not a sealed instrument. Whereupon, the plaintiff excepted ; and now assigns the same for error here. In our judgment, this is to be considered a sealed instrument. The word seal is plainly written within the ink scroll, which surrounds it; that it was the intention of the party executing it, to constitute it a sealed instrument, we entertain no doubt.

The…

2Cited by4 opinions

  1. New York Life Insurance v. RhodesCourt of Appeals of Georgia · 1908
  2. Allen v. Elder & SonSupreme Court of Georgia · 1886
  3. Allen v. Elder & SonSupreme Court of Georgia · 1886
  4. Allen v. Elder & SonSupreme Court of Georgia · 1886

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