Legal Opinion

Doe v. Roe

Supreme Court of Georgia

Decided November 15, 1860PublishedCited by 7 opinions

Ejectment in Hart Superior Court. Tried before Judge Thomas, at the September Term, i860.. This was an action of ejectment instituted in the Superior Court of Hart county, in favor of John Doe, on the demise of Barnabas J. Dooly, executor of William Dooly, deceased, against Richard Roe, casual ejector, and William McCurley, tenant in possession, to recover a “tract of land lying in said county of Hart, on the north side of Lightwood Log Creek, ■containing seven hundred…

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Ejectment in Hart Superior Court. Tried before Judge Thomas, at the September Term, i860.. This was an action of ejectment instituted in the Superior Court of Hart county, in favor of John Doe, on the demise of Barnabas J. Dooly, executor of William Dooly, deceased, against Richard Roe, casual ejector, and William McCurley, tenant in possession, to recover a “tract of land lying in said county of Hart, on the north side of Lightwood Log Creek, ■containing seven hundred acres, more or less, being the tract of land granted in the year 1836, to Daniel Boatright.” Pending the action, William T.…

1Opinion of the Court

By the Court. —

Jenkins, J.,

delivering the opinion.

The 1st and 6th exceptions appearing in the record before the Court depend upon the same question, viz.: the validity of the grant from the State of Georgia to Isaac Briggs. The objection to the admissibility of the document as evidence, did *597not rest upon the fact that a copy was offered. That was a matter of consent, the original being present, and probably too much mutilated for convenient use.

“If it he necessary to prove the age of a deed by aliunde evidence, the affidavit of the witness made a few months after the d-eed purported to .be…

2Cases cited1 opinion

  1. Pridgen v. GreenSupreme Court of Georgia · 1888

3Cited by7 opinions

  1. Chidsey v. BrookesSupreme Court of Georgia · 1908
  2. DeLoach v. NewtonSupreme Court of Georgia · 1910
  3. Chattanooga Iron & Coal Corp. v. ShawSupreme Court of Georgia · 1924
  4. Northrop v. Columbian Lumber Co.Court of Appeals for the Fifth Circuit · 1911
  5. Pridgen v. GreenSupreme Court of Georgia · 1888

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