Doe ex dem. Simmons v. Roe
Supreme Court of Georgia
Ejectment and new trial, from Whitfield county. Tried before Judge Triyye November Term, 1857. This was an action of ejectment. At the trial the plaintiff introduced in evidence the grant from the State of Georgia of the lot of land in question to Lary J. Simmons, dated the 14th of August, 1835. Plaintiff then tendered in evidence a deed from Lacey J. Simmons to William Cooper, which was dated the 3d of May, 1837, and in due form.
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Ejectment and new trial, from Whitfield county. Tried before Judge Triyye November Term, 1857. This was an action of ejectment. At the trial the plaintiff introduced in evidence the grant from the State of Georgia of the lot of land in question to Lary J. Simmons, dated the 14th of August, 1835. Plaintiff then tendered in evidence a deed from Lacey J. Simmons to William Cooper, which was dated the 3d of May, 1837, and in due form. To the admission of this deed, the defendants excepted on the ground that it did not follow the grant, and that the demise in the declaration was in the name of…
1Opinion of the Court
By the Court.
Benning J.
delivering the opinion.
*181The Act of 1802, “supplementary to the Judiciary Act,” says: “The Judges of the Superior Courts shall not, in any case whatever, withhold any grant, deed, or other document, from the jury, under which any party in a cause may claim title, except such evidence of title as may be barred by the Act of limitations.” Pr. Dig. 210.
[1.] This Act, we think, made it the duty of the Court to let the deed of Lacey J. Simmons go to the jury. There is but one way open to the Court, in cases of this sort: to admit the deed, and charge against it. And that has…
2Cited by7 opinions
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- Millen v. StinesSupreme Court of Georgia · 1888
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