Doe ex dem. Smalley v. McKilvain
Supreme Court of Georgia
Ejectment in Dooly Superior Court. Tried before Judge Powers, April Term, 1853. This cause being before the jury for trial, the plaintiff tendered in evidence a copy grant from the State to Michael Smalley, Jr. covering the premises in dispute. The copy was tendered for the purpose of laying a foundation to enable Andrew Scott, one of the lessors of plaintiff, to make an affidavit touching the mutilation of the original, which wanted the Great Seal of the State.
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Ejectment in Dooly Superior Court. Tried before Judge Powers, April Term, 1853. This cause being before the jury for trial, the plaintiff tendered in evidence a copy grant from the State to Michael Smalley, Jr. covering the premises in dispute. The copy was tendered for the purpose of laying a foundation to enable Andrew Scott, one of the lessors of plaintiff, to make an affidavit touching the mutilation of the original, which wanted the Great Seal of the State. Scott then stated on oath that he received the original avant (which was produced in Court) from Michael Smalley, Jr.; that the…
1Opinion of the Court
By the Court.
Starnes, J.
delivering the opinion.
[1.] We are of opinion that the Court below should have admitted the instrument tendered, as a grant from the State to Michael Smalley, after the evidence accounting for its mutilation.
Except as to the loss of the wax, and the impression of the Groat Seal thereon, the instrument seems to have had the appearance of being genuine. It was in all other respects regular and formal, and purported to be under the Great Seal of the State.
The plaintiff’s lessor, Andrew Scott, proposed to prove the existence of an original grant, such as was offered, by a…
2Cited by3 opinions
- Jarrett v. StevensWest Virginia Supreme Court · 1892
- Adams v. WilderSupreme Court of Georgia · 1893
- Compton v. KillenSupreme Court of Georgia · 1878