Puryear v. Foster
Supreme Court of Georgia
Before Judge Maddox.- Walker superior court. February term, 1892. A petition was brought, February 23, 1886, by John Puryear, to require Foster, sheriff, to make to him a deed to a certain land lot in pursuance of a sale alleged to have been made by Strange, former sheriff', on the fii’st Tuesday in August, 1873, under a mortgage fi. fa. alleged to have issued from the superior court in favor of John Y. Jackson & Co. against Rial Stancel, at which sale Puryear claimed to be…
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Before Judge Maddox.- Walker superior court. February term, 1892. A petition was brought, February 23, 1886, by John Puryear, to require Foster, sheriff, to make to him a deed to a certain land lot in pursuance of a sale alleged to have been made by Strange, former sheriff', on the fii’st Tuesday in August, 1873, under a mortgage fi. fa. alleged to have issued from the superior court in favor of John Y. Jackson & Co. against Rial Stancel, at which sale Puryear claimed to be the purchaser. He excepts to the rejection of evidence, and to the grant of a nonsuit. His application was resisted by…
1Opinion of the Court
Bleckley, Chief Justice.
The evidence rejected because of the supposed incompetency of the witnesses Puryear and Jackson, on account of the death of Stancel, appears in the official report. Under the evidence act of 1889, the whole of Puryear’s evidence was admissible. None of it referred to any transaction or communication with Stancel. It related to a transaction with the sheriff, who is still alive, *448and to the existence and contents of lost documents and destroyed records. The statement that the mortgage referred to was executed by Stan cel meant simply that the mortgage purported to be so…
2Cited by4 opinions
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- Ellis v. BrittSupreme Court of Georgia · 1935
- Gomez v. JohnsonSupreme Court of Georgia · 1899
- Armour Fertilizer Works v. DasherCourt of Appeals of Georgia · 1919