Georgia Reports Volume 91

Georgia Reports Volume 91

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1894 edition. Excerpt: ...of Stance, appears in the oflicial 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 atransaction with the sheriff, who is still alive, and to the existence and contents of lost documents and destroyed records. The statement. that the mortgage referred to was executed by Stancel 'meant simply that the mortgage purported to be so executed. As we understand the evidence, the witness did not mean to testify as a fact that it was so executed, or that he knew personally of its execution. He meant to describe and identify the mortgage to which the judgment of foreclosure mentioned by him related, and give the contents of the mortgage so far as was requisite to the proceeding in hand. The judgment of foreclosure would prove the execution of the mortgage, and that judgment being destroyed, the witness was competent to prove its contents. The scheme of the evidence was for the witness to prove the judgment and the judgment to prove the execution of the mortgage. With respect to the testimony of Jackson, some of it was clearly inadmissible if Jackson had any interest in this proceeding, but some of it was admissible whether he was interested or not. His interest is not clearly apparent, for although Pul-year originally bid off the land for Jackson's firm and that firm withdrew from the purchase and allowed Puryear to take the benefit of it and have the conveyance made to himself, yet, so far as appears, the firm made no warranty in this transaction with Puryear; and whether he fails or succeeds in this application for a deed from the sheriff, no liability upon Jackson or his firm will necessarily arise or be...
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Product details

  • Paperback | 300 pages
  • 189 x 246 x 16mm | 540g
  • United States
  • English
  • black & white illustrations
  • 1236942639
  • 9781236942630