Perkins v. Attaway
Supreme Court of Georgia
Claim, in Coweta Superior Court. Tried before Judge Hill, March Term, 1853. The facts of this case are as follows: Nicholas Dyer had given a mortgage to Sarah Backus as natural guardian of her minor children, covering a certain lot of land. This land was afterwards levied on by a jifa, (younger than the mortgage) against Dyer and sold, and John C. Perkins and Bennett H. Conyers became the purchasers.
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Claim, in Coweta Superior Court. Tried before Judge Hill, March Term, 1853. The facts of this case are as follows: Nicholas Dyer had given a mortgage to Sarah Backus as natural guardian of her minor children, covering a certain lot of land. This land was afterwards levied on by a jifa, (younger than the mortgage) against Dyer and sold, and John C. Perkins and Bennett H. Conyers became the purchasers. The mortgage was subsequently foreclosed, and the mortgage fi fa. levied on the land, and Perkins and Conyers interposed their claim. At September term, 1849, the claim was withdrawn, but the…
1Opinion of the Court
By the Court.
Starnes, J.
delivering the opinion.
[1.] It is alleged in this case, that the Court committed error, by permitting the letters of guardianship to go as evidence to the jury, when there was nothing appearing in said letters to show jurisdiction in the Court granting them.
We think that there is here a slight misapprehension of the principle which the counsel seeks to apply. The rule is well settled, that all that is necessary to show jurisdiction, must appear on the face of the record, or in the proceedings of a Court of limited jurisdiction. But we are not sure that the rule applies…
2Cited by11 opinions
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- Hicks v. HicksSupreme Court of Georgia · 1942
- Denham v. HolemanSupreme Court of Georgia · 1858
- Weaver v. Webb, Galt & KelloggCourt of Appeals of Georgia · 1908
- Davis v. MeltonCourt of Appeals of Georgia · 1935
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