Ratteree v. Nelson
Supreme Court of Georgia
Ejectment, in DeKalb Superior Court. Tried before Judge Hill, March Term, 1851. This was an action of ejectment, brought on the several demises of David D. Nelson, Noah Paramore, executor of John Paramore, and Simeon A. Smith, against Alexander Ratteree, defendant, for the recovery of lot of land, No. 124, in the 14th district of originally Henry, now DeKalb County. By an order of the Court, at September Term, 1850, Robert F. Sessions was made a co-defendant.
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Ejectment, in DeKalb Superior Court. Tried before Judge Hill, March Term, 1851. This was an action of ejectment, brought on the several demises of David D. Nelson, Noah Paramore, executor of John Paramore, and Simeon A. Smith, against Alexander Ratteree, defendant, for the recovery of lot of land, No. 124, in the 14th district of originally Henry, now DeKalb County. By an order of the Court, at September Term, 1850, Robert F. Sessions was made a co-defendant. The defendant pleaded the general issue and the Statute of Limitations. On the trial, the plaintiff proved by Andrew Caldwell, the…
1Opinion of the Court
By the Court.
Nisbet, J.
delivering the opinion.
[1.] The rule of Court requires that when a party wishes to introduce a copy deed in evidence, it shall be a sufficient foundation for the introduction of such secondary evidence, for the party to swear to his belief of the loss or destruction of the •original, and that it is not in his possession, power or custody. The plaintiff in error, we think, complied with the requirement of the rule; he swears to the making of the original deed; we understand him thereby to swear that it was executed. It is not expected that a party shall use strictly…
2Cited by3 opinions
- Jones v. StateCourt of Appeals of Georgia · 1921
- Cox v. McDonaldSupreme Court of Georgia · 1903
- Evans v. BredowCourt of Appeals of Georgia · 1957