Doe ex dem. Crenshaw v. Robinson
Supreme Court of Georgia
Ejectment. Motion for new trial. Decided by Judge Irwin. Forsyth Superior Court. August Term, 1867. On the 18th day of September, 1855, plaintiff brought ejectment for the recovery of lot No. 1405, 14th district and 1st section of Forsyth county, against ¥m. Robinson, tenant, upon the several demises of Duke Crenshaw, ¥m. H. Barton, Daniel B. Rich, Robert S. Hooks, Martin M. Stamper and Zachariah Wingo.
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Ejectment. Motion for new trial. Decided by Judge Irwin. Forsyth Superior Court. August Term, 1867. On the 18th day of September, 1855, plaintiff brought ejectment for the recovery of lot No. 1405, 14th district and 1st section of Forsyth county, against ¥m. Robinson, tenant, upon the several demises of Duke Crenshaw, ¥m. H. Barton, Daniel B. Rich, Robert S. Hooks, Martin M. Stamper and Zachariah Wingo. Pending the action John Robinson died, and his son and wife, his executors, were made parties defendant. The defendant plead the statute of limitations. On the trial the plaintiff read the…
1Opinion of the CourtWalker, J.
I. By the act of 15th December, 1866, Pamph. Acts, p. 138, Eevised Code, section 3798, no person shall be excluded from testifying by reason of incapacity from crime, or interest,-or from being a party; but every person so offered shall be competent to testify in behalf of any of the parties to the issue on trial, “ provided, that, when one of the original parties to the contract, or cause of action in issue and on trial, is dead, or is shown to the Court to be insane, or when an executor or administrator is a party in any suit on a contract of his testator or intestate, the other party shall…
2Cited by3 opinions
- Underwood v. UnderwoodCourt of Appeals of Georgia · 1931
- Flournoy & Epping v. WootenSupreme Court of Georgia · 1883
- Oatis v. HarrisonSupreme Court of Georgia · 1878