Eaton v. Freeman

Supreme Court of Georgia
Eaton v. Freeman, 58 Ga. 129 (Ga. 1877)
Bleckley

Eaton v. Freeman

Opinion of the Court

Bleckley, Judge.

1. Where the verdict is for the premises in dispute, and a large amount for mesne profits, and there is no evidence in the record on the subject of mesne profits, the verdict, as a whole, is without sufficient evidence to support it.

2. Where the plaintiff’s evidence shows that the defendant acquired possession of the premises under a written contract between the parties for an exchange of lands, the contract ought to be produced or accounted for. Its terms, and a failure by defendant to comply with them, ought to appear.

3. A deed executed in another state and attested by two witnesses, one of whom purports to be a justice of the peace, is not prepared for record without further authentication ; and though recorded, it is not admissible in evidence, even as color of title, without proof of execution. Code, §2106; 9 Ga. 440; 20 Ib. 312.

Judgment reversed.

Reference

Full Case Name
James W. Eaton, in error v. John A. Freeman, in error
Cited By
2 cases
Status
Published