Poland v. Osborne Lumber Co.
Court of Appeals of Georgia
1Opinion of the CourtStephens, J.
1. Parol testimony as to the contents of a written instrument is inadmissible where the instrument itself is not admissible. A plat of land which is not shown to be official or correct is not admissible in evidence. Maples v. Hoggard, 58 Ga. 315; Parker v. Salmons, 113 Ga. 1167 (3) (39 S. E. 475). Testimony of a witness that hé has several times seen the “title deeds and plats” is insufficient to establish the correctness of the plat, and the plat itself would be inadmissible. It follows that where the plat, without having been recorded, was destroyed by fire, parol testimony of the witness…
2Cases cited4 opinions
- Parker v. SalmonsSupreme Court of Georgia · 1901
- Maples v. HoggardSupreme Court of Georgia · 1877
- Hudgins v. Bloodworth & Co.Supreme Court of Georgia · 1899
- Poland v. Osborne Lumber Co.Court of Appeals of Georgia · 1925
3Cited by3 opinions
- Bryant v. StateSupreme Court of Georgia · 1941
- Lee v. BoyerSupreme Court of Georgia · 1961
- Atlantic Coast Line Railroad v. RegisterCourt of Appeals of Georgia · 1927