Field v. Boynton
Supreme Court of Georgia
Ejectment, in Lumpkin Superior Court. Tried before Judge Bice, at February Term, 1862. This was an action for the recovery of lot Number 1028, in the 12th district of Lumpkin county.
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Ejectment, in Lumpkin Superior Court. Tried before Judge Bice, at February Term, 1862. This was an action for the recovery of lot Number 1028, in the 12th district of Lumpkin county. Plaintiff showed title in his intestate by a grant from the State, dated 11th of August, 1854, produced his letters of administration and proved possession by defendant at the time of action brought, 29th June, 1860. He also proved by one Ealston, that although defendant went into possession, together with witness, in 1846 or 1847, he made no claim of title to the lot until 1850, at which time witness abandoned…
1Opinion of the Court
By the Court —
Lyon, J., delivering the opinion.
1. The entries or memoranda of sales by the sheriff in a book, kept by him and in his office for that purpose, he being dead, ought to have been admitted as evidence, on the ground that they were entries made in the course of his official business, against his interest at the time when made, and that he is since deceased. 1 Greenleaf on Evidence, section 147, and eases cited.
2. Upon the same principle and for the same reason, the receipt of the sheriff for the purchase-money, although made long after the occurrence of the transaction, and after…
2Cited by19 opinions
- CHRYSLER MOTORS CORPORATION v. DavisSupreme Court of Georgia · 1970
- Luttrell v. WhiteheadSupreme Court of Georgia · 1905
- Street v. CollierSupreme Court of Georgia · 1903
- City of Barnesville v. StaffordSupreme Court of Georgia · 1926
- Barbre v. ScottCourt of Appeals of Georgia · 1947
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