88 Ga. 88 | Ga. | 1891
Roclgers, as administrator of Beck, brought complaint for land against Sarah Moore. The title he relied on was a deed from Giles and Sarah Moore to Daniel, and a deed from Daniel to Beck. It seems that Giles Moore was charged with some criminal offence and placed in jail, and that he sent for Daniel, an attorney, and procured him to have a bond made for his (Moore’s) appearance at court, so that he might be discharged from jail until his trial. Daniel got up the bond, and Moore, to secure Daniel; made him a deed to the land in dispute. Moore subsequently settled the criminal case by paying $110. He borrowed this money from Beck, and requested Daniel to make a deed to the land to Beck to secure him in the payment of the money borrowed. Daniel was not Moore’s attorney except in procuring Ins appearance bond. He was not his attorney in the settlement of the case, nor when Moore borrowed the money from Beck, nor when the deed was made to Bock at Moore’s request. Beck afterwards told Daniel that Moore had paid him the money borrowed. ■ Moore and Beck both died before the commencement of this action. When Daniel was placed upon the stand by the defendant and asked about the deed he had made to Beck, the plaintiff objected on the ground that Beck was dead, and that the witness was attorney for Giles Moore. The court overruled the objection and allowed the witness to testify, and to this the plaintiff excepted.