Jordan v. Pollock
Supreme Court of Georgia
Ejectment, in Houston Superior Court. Tried before Judge Powers, April Term, 1853. This was an action brought by Thomas Pollock, as administrator of Risdon Smith, deceased, against Goo. W. Jordan, for the recovery of real estate, and to which George Walker was made co-defendant. Both parties claimed title under Wm. Smith, the father of the plaintiff’s intestate.
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Ejectment, in Houston Superior Court. Tried before Judge Powers, April Term, 1853. This was an action brought by Thomas Pollock, as administrator of Risdon Smith, deceased, against Goo. W. Jordan, for the recovery of real estate, and to which George Walker was made co-defendant. Both parties claimed title under Wm. Smith, the father of the plaintiff’s intestate. The plaintiff, after the usual affidavit, introduced as witnesses, Tlaomas Spaight, Lewis S. Spaight and Samuel Woodard, who testified that they were present when William Smith executed a deed to his son, Risdon Smith, for the land in…
1Opinion of the Court
*153 By the Court.
Starnes, J.
delivering the opinion.
It is alleged, that the Court below erred in refusing the motion for a new trial, on various grounds, which we will review in the order in which the points were presented during the trial.
[1.] During that trial, one Garrett Smith, who was a distributee of Risdon Smith’s estate, was offered as a witness by the plaintiff, (in the Court below,) who was the administrator on that estate.
Upon objection being made, on account of his interest, a release was tendered. Objection was then taken, that the witness was still interested to the extent of the…
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