Granniss v. Irvin
Supreme Court of Georgia
Ejectment. Tried before Judge Clark. Baker Superior Court. November Term, 1868. This was ejectment in favor of John Doe, upon 'the demise of Ebenezer Granniss, as administrator of John Kennedy, deceased, against Roe, casual ejector, and Samuel D. Irvin, as administrator of James Bond, deceased, tenant-in-possession, for lot of land, 128, in said county.
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Ejectment. Tried before Judge Clark. Baker Superior Court. November Term, 1868. This was ejectment in favor of John Doe, upon 'the demise of Ebenezer Granniss, as administrator of John Kennedy, deceased, against Roe, casual ejector, and Samuel D. Irvin, as administrator of James Bond, deceased, tenant-in-possession, for lot of land, 128, in said county. The plaintiff’s attorney read in evidence the grant of said lot from the State to Pharis Gove, and a deéd by which Gove conveyed it to S. ~W. Nichols. These papers were produced by the defendant under notice. The locus m quo and that Granniss…
1Opinion of the CourtMcCay, J.
1. At first sight, this deed appears to be properly admitted to record. It is apparently attested by one witness and a magistrate, as required by law. The attack upon it is based upon the idea that the signature of the- magistrate is either forged or written subsequently to the 'execution. Prima fade, the attestation is sufficient. The presumption of law is that the magistrate signed it in the county and at the time appearing on the face of the deed. Prima, fade, also the signatures are genuine. The deed appearing to be properly attested and admitted to record, the presumptions are in its…
2Cited by10 opinions
- Hupfer v. National Distilling Co.Wisconsin Supreme Court · 1903
- Hansen v. OwensSupreme Court of Georgia · 1909
- Pope v. United States Fidelity & Guaranty Co.Supreme Court of Georgia · 1945
- Fine v. Dade CountySupreme Court of Georgia · 1944
- Steele v. SteeleSupreme Court of Georgia · 1948
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