87 Ga. 668 | Ga. | 1891
We do not think that a copy made from the record in Carroll county, without further proof of execution of the original than the fact of its being recorded, was admissible as evidence. Under the facts above stated, the clerk of the superior court of Carroll county was not authorized to admit the deed to record. It purported to have been made in Carroll county, and was attested by another witness and an officer of Fulton county. If it was executed in Carroll county, the notary public in Fulton county had no authority to act officially in Carroll county, and his attestation as notary public of Fulton county would not authorize the recording of the deed in Carroll county. The code, §2706, says that if a deed is executed in this State, “ it must be attested by a judge of a court of record of this State, or a justice of the peace, or notary public, or clerk of the superior court in the county in which the three last mentioned officers, respectively, hold their appointments.” A notary public of Fulton county, therefore, has no right to attest a deed officially in Carroll county, and the clerk in Carroll county had no right to put the deed on record. And if it was not recorded properly in Carroll county, a certified copy thereof was not admissible in evidence without proof of an original, and of its execution, and that .this was a copy thereof. There was proof that there was an original, but no proof of its proper execution; nor was there any proof that the copy offered was a copy of the original. The court therefore erred in admitting this copy-deed in evidence over the objection
Judgment reversed.