Payne v. McKinney
Supreme Court of Georgia
Ejectment, in Fannin Superior Court. Tried before Judge Nice, at the May Term, 1859. This action was brought by John Doe, ex dem, Mordecai McKinney and Miles W. Whitlow vs. Eichard Eoe, casual ejector, and Nathaniel S. Payne, tenant in possession. Porter Fleming was subsequently made co-defendant.
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Ejectment, in Fannin Superior Court. Tried before Judge Nice, at the May Term, 1859. This action was brought by John Doe, ex dem, Mordecai McKinney and Miles W. Whitlow vs. Eichard Eoe, casual ejector, and Nathaniel S. Payne, tenant in possession. Porter Fleming was subsequently made co-defendant. On the trial, plaintiff read in evidence the grant from the State of Georgia to Mordecai McKinney for the lot of land in controversy; proved the possession of Payne at the time suit was commenced, and that the land lay in the county of Fannin. ■ He also proved that Whitlow, as the agent of McKinney,…
1Opinion of the Court
By the Court
Lumpkin, J.,
delivering the opinion.
Was the power of attorney made.by McKinney to Whit-low, and witnessed, only by a Justice of the Peace, admissible in evidence upon the fact merely of its having been recorded without other or further proof of its execution ?
Conceding that it operated as a conveyance, and that one witness was sufficient to constitute it a good deed, still there is no law which entitles it to registration upon the attestation of a single witness, although he be a magistrate. The Act of 1839, applies only to deeds made prior to that time.
The main question in this…
2Cited by1 opinion
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