Dollar v. Thompson

Wyatt, Presiding Justice.

1. The defendant having admitted that T. J. Thompson executed the deed in question, and that the deed had been properly recorded, a presumption is raised that the deed was delivered. Henderson v. Kemp, 155 Ga. 489 (117 S. E. 244); Bourquin v. Bourquin, 110 Ga. 440 (35 S. E. 710). To overcome this presumption, the defendant introduced in evidence, over the timely objection of the plaintiffs, an ex parte affidavit which had been executed by Mrs. T. J. Thompson in connection with her application for a year’s support. The affidavit was executed before the Ordinary of…