Brooking v. Lessee of Dearmond
Supreme Court of Georgia
Ejectment, from Randolph county. Tried before Judge Kiddoo, November Term, 1858. This, was an action of ejectment by John Doe upon the demise of William P. Dearmond, against Richard Roe, casual ejector and Isaac Brooking tenant in possession, for lot of land no. 79, in the 8th district of Randolph county. The declaration contained a demise to John Doe from Wm. P. Dearmond for the use of John R. M. Neal and laid no other demise.
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Ejectment, from Randolph county. Tried before Judge Kiddoo, November Term, 1858. This, was an action of ejectment by John Doe upon the demise of William P. Dearmond, against Richard Roe, casual ejector and Isaac Brooking tenant in possession, for lot of land no. 79, in the 8th district of Randolph county. The declaration contained a demise to John Doe from Wm. P. Dearmond for the use of John R. M. Neal and laid no other demise. At the trial plaintiff offered in evidence a copy grant from the State to Boswell Cook, for the lot in controversy; defendant objected to the introduction of the copy,…
1Opinion of the Court
By the Court.
Benning, J.
delivering the opinion.
[1.] It was wrong in the Court, as we think, to admit the copy grant to the jury, without requiring an excuse for the non-production of the original, either the excuse sanctioned by the rule of Court, or that sanctioned by the rule of the common law. See Sutton vs. McLeod, decided at Savannah, January Term 1859.
[2.] It was also wrong in the Court, as we think, to exclude from the jury, the certificate of the Surveyor General. That certificate went to show, that the grant was, by mistake, in the name of Boswell Cook, when it should have been, in…
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