Doe ex dem. Hollis v. Roe
Supreme Court of Georgia
Ejectment. Motion for new trial. Decided by Judge Vason, Baker Superior Court, November Term, 1866. Tliis was ejectment for land, lot No. 399, in the 11th District of originally Early, now Baker County. The evidence on the trial was as follows: Plaintiff, having first accounted for the original grant, read in evidence a copy.
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Ejectment. Motion for new trial. Decided by Judge Vason, Baker Superior Court, November Term, 1866. Tliis was ejectment for land, lot No. 399, in the 11th District of originally Early, now Baker County. The evidence on the trial was as follows: Plaintiff, having first accounted for the original grant, read in evidence a copy. The lot was granted to John Hollis, of Morgan County, 10th November, 1829 : Deed from Hollis to Alexander Stewart for said lot, dated 29th July, 1830, recorded 18th February, 1839: Deed from Stewart to Lewis Zachry, dated 29th March, 1838, recorded February 18th, 1839 :…
1Opinion of the CourtWalker, J.
1. In an action of ejectment, a registered deed for the premises in dispute, shall be admissible in evidence in any Court in this State without further proof. Code, Sec. 2674. To this rule there is one exception, namely: when the maker of the deed, or one of his heirs, or the opposite party in the cause, will file an affidavit that said deed is a forgery, to the best of his knowledge and belief. In such case, the Court shall arrest the cause and require an issue to be made and tried as to the genuineness of the alleged deed. Ib.
2. This is a cumulative remedy. A party alleging a deed to be a…
2Cited by8 opinions
- De Gregorio v. United StatesCourt of Appeals for the Second Circuit · 1925
- Minor v. FincherSupreme Court of Georgia · 1950
- Roberts v. McClellanCourt of Appeals of Georgia · 1949
- Anderson v. CuthbertSupreme Court of Georgia · 1898
- Sibley v. HaslamSupreme Court of Georgia · 1886
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