Supreme Court of Georgia, 1901

Ray v. Green

Ray v. Green
Supreme Court of Georgia · Decided July 19, 1901 · Simmons
113 Ga. 920; 39 S.E. 470; 1901 Ga. LEXIS 415
Ray v. Green

Cases that cite this one

43 later published cases cite this decision. The 25 that cite it most often are listed here.

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Opinion of the Court

Simmons, C. J.

1. In a suit to establish a lost deed, a quitclaim deed executed at the same time to the same land conveyed in the alleged lost deed, to the same grantee, and attested by the same witnesses, but executed by a different grantor, is irrelevant and not admissible in evidence.

2. If a plaintiff fails to establish the material allegations,of his petition, or if . his testimony is contradictory and uncertain as to such allegations, the court, on motion to nonsuit, should construe the evidence most strongly against him, and may, if no other testimony appears, be authorized to grant a non-suit ; but if the plaintiff introduce other witnesses whose testimony is sufficient to establish the allegations of the petition, it is error to grant a nonsuit.

Judgment reversed.

All the Justices concurring.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.