Smith v. Stone
Supreme Court of Georgia
Complaint for land. Before Judge Mitchell. Berrien superior court. September 11, 1905. Smith, as administrator of Mary A. S. Ball, brought an action against Stone, to recover a described parcel of land and mesne profits. The defendant filed an answer denying title in the intestate of the plaintiff. The ease came on for trial, and the' defendant offered in evidence a registered deed from Mrs. M. A. S. BalL to the premises in dispute.
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Complaint for land. Before Judge Mitchell. Berrien superior court. September 11, 1905. Smith, as administrator of Mary A. S. Ball, brought an action against Stone, to recover a described parcel of land and mesne profits. The defendant filed an answer denying title in the intestate of the plaintiff. The ease came on for trial, and the' defendant offered in evidence a registered deed from Mrs. M. A. S. BalL to the premises in dispute. The plaintiff filed an affidavit attacking the deed as a forgery. The trial was suspended, and an issue of forgery made and tried. The jury returned a verdict…
1Opinion of the CourtCobb, P. J.
(After stating the facts.)
1. The assignment of error in the cross-bill of exceptions, relating to the issue made up as to the genuineness of the will, will be first considered, for the reason that the ruling we make in reference thereto will dispose of many of the grounds in the motion for a new trial filed by the plaintiff. We know of no law which •authorizes a special issue of forgery to be made up in the superior court, upon an affidavit filed by a party to the cause that the will under which his adversary claims title is a forgery. Section 3628 •of the Civil Code, which provides that a…
2Cases cited4 opinions
- Sibley v. HaslamSupreme Court of Georgia · 1886
- McArthur v. MorrisonSupreme Court of Georgia · 1899
- Roberts v. RobertsSupreme Court of Georgia · 1897
- Kennedy v. HardenSupreme Court of Georgia · 1893
3Cited by6 opinions
- Cowart v. StricklandSupreme Court of Georgia · 1919
- Haithcock v. SargentSupreme Court of Georgia · 1916
- Davis v. DavisSupreme Court of Georgia · 1955
- Richards v. SmithSupreme Court of Georgia · 1930
- Strickland v. Babcock Lumber Co.Supreme Court of Georgia · 1914
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