107 Ga. 796 | Ga. | 1899
McArthur instituted an action of ejectment to recover a lot of land in Montgomery county. Having died, his administratrix was made a party plaintiff, and the case proceeded against Morrison as the tenant in possession. The defendant pleaded not guilty; and when the case came on to be tried, the plaintiff offered in evidence a deed from Josiah Greer to John Bell, dated May 19, 1809, purporting to convey the land in dispute. When this deed was offered, the defendant tendered an affidavit of forgery in terms of the statute. The bill of exceptions recites that the case at this stage was arrested and continued. Morrison having died, his administra
In the case of an ancient deed, it seems that this is the only manner in which the genuineness of the paper can be attacked. If the deed possesses the requisites prescribed by the statute, it is entitled to the presumption, which the law conclusively raises in its behalf from its age, that the witnesses to its execution are dead. To arrest it on its way to the jury by an affidavit of forgery would be to require the proof which the plain letter of the law has dispensed with as to such instruments. In the case of Matthews v. Castleberry, 43 Ga. 346 (headnotes on page 525, same volume), it was held by this court, that an instrument over thirty years old, coming from the proper custody, bearing upon its face marks of genuineness, with which possession was consistent, proved itself, needed