68 Ga. 585 | Ga. | 1882
Moore & Watkins brought suit in ejectment against William Williams to recover a lot in the city of Brunswick, to which they claimed title.
The facts appear to be that a corporation known as “The Proprietors of the City of Brunswick,” sold the premises in dispute to one James B. Taylor; that in 1872, the said Taylor having died, the lot in question was given in for taxes by one C. S. Schlater, agent for the estate of Taylor ; that the taxes not being paid, a tax ji.fa. was issued, the lot levied on, sold and bought by the plaintiffs ; that Williams being in possession, this suit was brought against him, and the plaintiffs obtained a verdict, which he sought to set aside, but failing, brings the case to this court for the errors alleged to have been committed on the trial.
The 42d rule of the superior court requires that, “ in order to introduce the copy of a deed in evidence, the oath of the party stating his belief of the loss or destruction of the original, and that it is not in his possession, power or custody, «-hall be a sufficient foundation for the introduction of such secondary evidence.”
The parties in this case testify that they never had the
We think that, taking the whole paper together, its only meaning and effect is that he was a commissioner of deeds for Georgia in the state of New York, and, therefore, that the record of the deed was not illegal.
We see no error in this charge of the court.
Judgment affirmed.