Legal Opinion

Dillon v. Mattox

Supreme Court of Georgia

Decided January 15, 1857No. 16PublishedCited by 10 opinions

Action to recover land, in Bryan Superior Court. Tried before Judge Fleming, December Term, 1856. This action was brought by Dillon, the plaintiff, against Mattox, the defendant, for the recovery of three hundred acres of land situated in the county of Bnrah. Pleas, the general issue and Statute of Limitations. The possession by defendant was admitted.

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Action to recover land, in Bryan Superior Court. Tried before Judge Fleming, December Term, 1856. This action was brought by Dillon, the plaintiff, against Mattox, the defendant, for the recovery of three hundred acres of land situated in the county of Bnrah. Pleas, the general issue and Statute of Limitations. The possession by defendant was admitted. The main and only question in the case arose upon the admissibility of certain evidence on the part of plaintiff He 'first introduced a grant from the State to William Williams of a tract of land in said county, containing three hundred acres,…

1Opinion of the Court

By the Court,

McDonald, J.

delivering the opinion.

[1.] The certificate of the County Surveyor was admitted for all that it could legally prove, and perhaps more. The certificate, as an original paper, was not evidence. The certificate of the Surveyor, so far as the document was concerned, could do no more than authenticate a copy from the record in his office, and that might have been submitted to the jury to prove the locus. This seems to me to be the proper construction of the acts of 1819 and 1830. Cobb 272 and 273. The latter act, from which it is claimed that official certificates of…

2Cited by10 opinions

  1. Lamar v. PearreSupreme Court of Georgia · 1892
  2. Sykes v. BeckNorth Dakota Supreme Court · 1903
  3. McCrea v. Georgia Power Co.Supreme Court of Georgia · 1934
  4. Clark v. Empire Lumber Co.Supreme Court of Georgia · 1891
  5. Henson v. TuckerCourt of Appeals of Georgia · 2006

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