Legal Opinion

Sims v. Scheussler

Court of Appeals of Georgia

Decided March 23, 1909No. 1385PublishedCited by 15 opinions

Complaint, from city court of Floyd county — Judge Hamilton. August 31, 1908.

1Opinion of the CourtRussell, J.

When this case was here before (2 Ga. App. 466 (58 S. E. 693)), the judgment refusing a new trial was reversed upon the ground that the court erred in repelling a certified copy of a mortgage, duly probated and recorded, this court holding, that “a copy of an instrument required by law to be recorded, taken from the proper registry and duly certified, is presumptive evidence of the existence of an original;” and that “where it appears that due notice has been served on the mortgagee to produce the original mortgage, and that the mortgagor resides beyond the jurisdiction of the court, a…

2Cases cited12 opinions

  1. Sivell v. HoganSupreme Court of Georgia · 1903
  2. Martin v. Bartow Iron WorksSupreme Court of Georgia · 1867
  3. Lacey v. HutchinsonCourt of Appeals of Georgia · 1909
  4. Skipper v. StateSupreme Court of Georgia · 1877
  5. Central Railroad & Banking Co. v. PhinazeeSupreme Court of Georgia · 1894

7 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. Trustees of Jesse Parker Williams Hospital v. NisbetSupreme Court of Georgia · 1940
  2. Hunt v. PollardCourt of Appeals of Georgia · 1937
  3. Lacey v. HutchinsonCourt of Appeals of Georgia · 1909
  4. Citizens Bank v. HallSupreme Court of Georgia · 1934
  5. Strickland v. Farmers Supply Co.Court of Appeals of Georgia · 1914

10 more not listed; retrieve them via the Exa API.

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