Walker v. Wells
Supreme Court of Georgia
Ejectment, from Gordon county. Tried before Judge Trippe, September Term, 1857. This was an action of ejectment, for the recovery of a lot of land No. 282, of the 13th district and 3d section of Gordon county. Upon the trial the plaintiff introduced the grant of the lot in question, from the State, to Berry Stephens, orphan, of the 633d district of Dooly county. He also introduced his letters of guardianship.
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Ejectment, from Gordon county. Tried before Judge Trippe, September Term, 1857. This was an action of ejectment, for the recovery of a lot of land No. 282, of the 13th district and 3d section of Gordon county. Upon the trial the plaintiff introduced the grant of the lot in question, from the State, to Berry Stephens, orphan, of the 633d district of Dooly county. He also introduced his letters of guardianship. Plaintiff then tendered in evidence the depositions of Amos Lane, and Elizabeth Lane his wife, Granville White, and Nancy White his wife. These depositions went to prove that Berry…
1Opinion of the Court
By the Court.
Benning, J.
delivering the opinion.
Were the depositions admissible, as evidence?
They were if the case was one of latent, and not one of patent, ambiguity. Lord Bacon’s maxim is, “ Jtmbiguitas •verborum, latens verificatione suppletur; nam quod ex facto oritur ambiguum, verificatione jacti tollitur.”
And this case was one of latent ambiguity. Lord Bacon says: “patensf (ambiguitasj is that which appears to be ambiguous upon the deed or instrument; latens is that which seemeth certain and without ambiguity, for any thing that appeareth upon the deed or instrument; but there is some…
2Cases cited4 opinions
- Tison v. YawnSupreme Court of Georgia · 1854
- Doe ex dem. Henderson v. HackneySupreme Court of Georgia · 1854
- Walker v. WellsSupreme Court of Georgia · 1855
- Sykes v. Doe ex dem. McRorySupreme Court of Georgia · 1851
3Cited by10 opinions
- Citizens & Southern National Bank v. ClarkSupreme Court of Georgia · 1931
- Hadaway v. SmedleySupreme Court of Georgia · 1903
- Oliver v. HendersonSupreme Court of Georgia · 1905
- Gordon v. Wells Fargo Bank, N.A. (In re Knight)United States Bankruptcy Court, N.D. Georgia · 2014
- Van Arsdale-Osborne Brokerage Co. v. FosterSupreme Court of Kansas · 1909
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