Miller v. Speight
Supreme Court of Georgia
Practice in tbe Supreme Court. Wills. Presumption. Practice in the Superior Court. Non-suit. Before James EL GuERRYEsq., Judge pro hae vice. Olay Superior Court. March Term, 1878. The heirs-at-law of John Miller brought ejectment against Speight for land. The plaintiffs showed a complete chain of title from the state to John Miller. On the cross-examination of one of the plaintiffs, Joseph Miller, he testified that his father, John Miller, left a will at his death.
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Practice in tbe Supreme Court. Wills. Presumption. Practice in the Superior Court. Non-suit. Before James EL GuERRYEsq., Judge pro hae vice. Olay Superior Court. March Term, 1878. The heirs-at-law of John Miller brought ejectment against Speight for land. The plaintiffs showed a complete chain of title from the state to John Miller. On the cross-examination of one of the plaintiffs, Joseph Miller, he testified that his father, John Miller, left a will at his death. He was asked if Miller’s children recognized it as his will? To this question plaintiffs objected, but the court permitted it…
1Opinion of the Court
Bleckley, Justice.
1. The motion to dismiss the writ of error is controlled adversely to the movant by 20 Ga., 531.
2. It was error for the court to exclude evidence as to who were the heirs-at-law of John Miller. , The plaintiffs claimed to be such heirs, and had a right to prove it, and to keep the proper evidence of their heirship before the court and jury. The existence of a will made no difference, nor did their recognition of the will. No will was produced, nor was there any evidence of its contents, or that it had been admitted to probate. To disturb the ordinary course of descent of…
2Cases cited1 opinion
- Gauldin v. SheheeSupreme Court of Georgia · 1856
3Cited by16 opinions
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- Wilder v. HollandSupreme Court of Georgia · 1897
- Langston v. StateSupreme Court of Georgia · 1921
- Slade v. SladeSupreme Court of Georgia · 1923
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