Legal Opinion

Doe ex dem. Truluck v. Roe

Supreme Court of Georgia

Decided March 15, 1846No. 2PublishedCited by 27 opinions

Ejectment. This was an action of Ejectment, tried in the Superior Court of the county of Cass, before Judge Wright. The transcript of the record discloses that this action was predicated upon two several demises : the first from James.

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Ejectment. This was an action of Ejectment, tried in the Superior Court of the county of Cass, before Judge Wright. The transcript of the record discloses that this action was predicated upon two several demises : the first from James. H. and Sutton H. Truluck, jointly; and the second frona Reuben Herndon, for the recovery of lot of land known as number one hundred and six, in the twenty-third district of the second section of, originally, Cherokee, now Cass county, aforesaid. At the February term, 3846, of said Superior Court, the said action came on to be heard ; and on behalf of plaintiff,…

1Opinion of the Court

By the court

Warner, Judge.

The error assigned in this case is the rejection of the Deed mentioned in the Record, and awarding a nonsuit in the court below. The only question for the decision of this court is, whether the deed was properly executed, according to the provisions of the several Acts of the Legislature of the State of Georgia, to have admitted the same in evidence.

By the Act of 22d February, 1785, (Prince’s Dig. 162,) it is enacted, “ That all deeds of conveyances by way of bargain and sale, bona fide, of lands or tenements, and executed under hand and seal, in the presence of two…

2Cited by27 opinions

  1. Beadles v. BowenCourt of Appeals of Georgia · 1962
  2. Hansen v. OwensSupreme Court of Georgia · 1909
  3. Rowe v. SpencerSupreme Court of Georgia · 1909
  4. Georgia Casualty Co. v. McRitchieCourt of Appeals of Georgia · 1932
  5. Beaty v. SearsSupreme Court of Georgia · 1909

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