Gay v. Demott

Eish, C. J. 1.

Where the proper foundation is laid, secondary evidence of the contents of a lost deed is admissible; but before such evidence can be admitted, the existence and due execution of the deed must be shown. Dasher v. Ellis, 102 Ga. 830, 833 (30 S. E. 544), and cases cited.

2. In the present ease the only witness offered to prove the existence and execution of the lost deed was the alleged grantor. The copy deed offered in evidence purported to have been signed by this witness, and to convey a lot of land to two persons as tenants in common. On direct examination the witness…