Berry v. Lessee of Osborne
Supreme Court of Georgia
Ejectment, in Bibb Superior Court. Tried before Judge Pqwers, November Term, 1858. The errors assigned in this case, arose upon the refusal of the Court below to grant a new trial. It appears that George Osborne, as the administrator of Nancy Johnson, (who was the drawee of lot No. 206, 4th district of Bibb county,) brought an action of ejectment against John Berry, who was the tenant of William Bailey, for said lot. The defendant relied upon the Statute of Limitations.
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Ejectment, in Bibb Superior Court. Tried before Judge Pqwers, November Term, 1858. The errors assigned in this case, arose upon the refusal of the Court below to grant a new trial. It appears that George Osborne, as the administrator of Nancy Johnson, (who was the drawee of lot No. 206, 4th district of Bibb county,) brought an action of ejectment against John Berry, who was the tenant of William Bailey, for said lot. The defendant relied upon the Statute of Limitations. He placed in evidence two deeds—one from D. Wright to John Hardy, dated 17th January, 1840; and the other from John Hardy to…
1Opinion of the Court
By the Court.
Benxinc J.,
delivering tho opinion.
[1.] Ought tho defendant to have boon allowed to prove that the lot “ was known in the neighborhood as John Hardy’s land?” In offering to prove this, the defendant’s object was not to identify the lot, but to prove ownership of it in Hardy. Such being the object, the proof offered was illegal, as amounting to hearsay. Hearsay “denotes that kind of evidence which does not derive its value, solely, from the credit to .be given to the witness himself, but rests also, in part, on the- -ye*196racity and competency of some other person”. (1 Greenl. Ev.…
2Cited by4 opinions
- Momon v. StateSupreme Court of Georgia · 1982
- Rutherford v. HobbsSupreme Court of Georgia · 1879
- City of Marietta v. GloverSupreme Court of Georgia · 1969
- Momon v. StateSupreme Court of Georgia · 1982