Sutton v. McLoud
Supreme Court of Georgia
Complaint for land, in Emanuel Superior Court. Tried before Judge Holt, at September Term, 1858. This was complaint for the recovery of a tract of land in Emanuel county.
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Complaint for land, in Emanuel Superior Court. Tried before Judge Holt, at September Term, 1858. This was complaint for the recovery of a tract of land in Emanuel county. The plaintiff, Abner Sutton, on the trial, introduced in evidence a grant from the State of Georgia to John Kersey, for the land in controversy, issued and dated in 1845; then a deed of conveyance of the premises from Kersey to plaintiff ; proved that defendant was in possession at the corn-men cement of the suit, and closed. Defendant, in reply, offered in evidence two copy grants from the State of Georgia to Isaac Perry,…
1Opinion of the Court
By the Court.
Benning J.
delivering the opinion.
Was the Court right in admitting the copy grants, in evidence. ?
[1.] The copy grants being secondary evidence, were not admissible, until a proper excuse had been made, for not offering the original grants.
A proper excuse would have been, to show a compliance with the rule of Court, or with the rule of the common law, on the subject.
The rule of Court is, that “ whenever a party wishes to introduce the copy of a grant, in evidence, the oath of the party, stating that the original is not in his power or possession, and that he knows not where it is,…
2Cited by3 opinions
- Ault v. MeagerSupreme Court of Georgia · 1900
- Fitzpatrick v. Massee-Felton Lumber Co.Supreme Court of Georgia · 1939
- Peeples v. WilsonSupreme Court of Georgia · 1913