Scott v. Mathis
Supreme Court of Georgia
Witness. Evidence. Trespass. Damages. Actions. New Trial. Before B. D. Evans, Esq., Judge pro hao vice.'Washington Superior Court. March Term, 1888. Mrs. Martha Scott brought an action of trespass quare clausum fregit against Dr. A. Mathis. On the trial, it appeared that both sides claimed title to the land on which the trespass was alleged to have been committed.
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Witness. Evidence. Trespass. Damages. Actions. New Trial. Before B. D. Evans, Esq., Judge pro hao vice.'Washington Superior Court. March Term, 1888. Mrs. Martha Scott brought an action of trespass quare clausum fregit against Dr. A. Mathis. On the trial, it appeared that both sides claimed title to the land on which the trespass was alleged to have been committed. Mrs. Scott claimed that her husband had bought it from her father, and paid the purchase money, but had taken no deed, a.nd that she had taken a homestead in it. Defendant claimed it under a purchase from the father and mother of…
1Opinion of the Court
Blandrord, Justice.
The plaintiff brought her action against the defendant for trespass quare clausum fregit-, and a verdict was rendered for her; whereupon the defendant moved the court for a new trial, upon several grounds. The court granted the new trial, upon the sole ground that there had been error committed in allowing the plaintiff to testify that her husband, who was dead, had purchased the property (land), upon which the trespass is alleged to have been committed, from John Elkins, herfather, who is also dead. The plaintiff excepted to this grant of a new trial on this ground, and…
2Cited by6 opinions
- Investment Securities Corp. v. ColeSupreme Court of Georgia · 1938
- Clower v. MaynardSupreme Court of Georgia · 1900
- McBride v. McBrideSupreme Court of Georgia · 1889
- Varellas v. VarellasCourt of Appeals of Georgia · 1964
- Williams v. AycockCourt of Appeals of Georgia · 1936
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