Taylor v. Perdue

Wyatt, Justice.

It is contended that the trial court committed error in refusing to admit in evidence proof of the fact that possession of the property in question was not delivered to the grantee at the time of the execution of the deed in question, or at any time before the death of the grantor. This question arose during the trial of the issue of forgery. The deed in question purported to have been executed by a mother to her daughter.

“Upon the trial of the issue of forgery authorized to be made under section 3628 of the Civil Code, nothing is involved except the factum of the deed…