31 Ga. 593 | Ga. | 1860
By the Court. —
delivering the opinion.
The 1st and 6th exceptions appearing in the record before the Court depend upon the same question, viz.: the validity of the grant from the State of Georgia to Isaac Briggs. The objection to the admissibility of the document as evidence, did
The second objection, that the names of the chain-carriers do not appear upon the plat, was waived upon the discovery that the act requiring this was passed after the date of the grant in question.
By the Act of 25th December, 1794, the Legislature prohibited the renewal of transferred warrants, and the survey of land under them, or such of them as bore date anterior to a day specified. This Act would seem to introduce a new rule to abolish the practice of consolidating grants, but it was passed subsequent to the date of the grant before us.
This precise question was considered, and decided by the Supreme Court of the United States in the case of Patterson vs. Wynn, nth Wheaton, 380. We concur in the view taken in that case. This Court also, in the case of Burkhalter vs. Edwards, 16 Geo. 593, recognized arguendo, an existing practice of consolidating lands previously granted, and talcing a new grant for the whole.
We, therefore, find no error in any ruling of the Court touching this grant.
It appears from the bill of exceptions, that the defendant in the Court below put in evidence a deed from Isaac Briggs, the grantee, to Thomas Smith, which was not objected to: He next offered, in evidence, a deed from Thomas Smith to William Patterson, dated 19th May, 1793, upon the depositions of one Moule and one Williams, showing that the subscribing witnesses to the deed were dead, and affording some evidence as to their signatures as such witnesses. Plaintiff below objected, first, because the witnesses did not testify to a knowledge of the handwriting of both subscribing witnesses to the deed; and, secondly, because the handwriting of the grantor was not proven. The testimony offered sufficiently proves the handwriting of one of the subscribing witnesses, if not of both. Neither witness examined testifies to having seen the subscribing witness, Sulmore, write, but both testify to their familiarity with his signature as President of a bank, and as a Justice of the Peace, and profess to know his handwriting and signature. We incline to 'think the proof of execution was sufficient to carry the deed to the jury. But we affirm the judgment of the Court, admitting this deed in evidence, on the ground that it was more than thirty .years'old, and was found in the proper custody, accompanying, other deeds, together constituting a chain of title.
This document does not appear in the brief of evidence, but in the bill of exceptions, the counsel of plaintiff in error states that it. “was admitted to probate and record in the county of Baltimore, State of Maryland,” and that it “was duly certified as an exemplification from another State.”
Upon this statement (not having an inspection of the paper) we can not escape the conclusion that this exemplified copy would be received in evidence by the Courts of Maryland, as a muniment of title. The Act of Congress on this subject, provides that such papers “shall have such faith and credit given them in every Court within the United States, as they have, by law or usage, in the Courts of the State from whence the same are or shall be taken.” Plence, it results' that probate and record in Georgia, was not necessary to make this will evidence as a muniment of title to real estate in Georgia, and the objection was, therefore, not well taken.
Other deeds were offered, bringing the chain of title down to the defendant’s, and objected to on divers grounds, and the. judgment of the Court, overruling each objection, is excepted to.
We deem it unnecessary to consider these exceptions, because, even if we should find error in any of these rulings, we could not, for that cause, set aside the verdict and order a new trial.
The plaintiff, below, put in evidence a grant from the State of Georgia, executed in the year 1836, as the foundation of his title. It was a legitimate defence for the defendant to show title out of the plaintiff. This he did effectually, by showing that the State of Georgia had granted the same land to Isaac Briggs in the year 1787, and by adducing title from Briggs to the devisees of Patterson, bringing tliis chain of title regularly down to a late day, and thus rebutting all pre
The judgment of the Court below is affirmed.
JUDGMENT.
Whereupon, it is considered and ádjudged by the Court, that the judgment of the Court below be affirmed.