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Ray v. Green

39 S.E. 470, 113 Ga. 920, 1901 Ga. LEXIS 415
CourtSupreme Court of Georgia
DecidedJuly 19, 1901
StatusPublished
Cited by49 cases

This text of 39 S.E. 470 (Ray v. Green) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ray v. Green, 39 S.E. 470, 113 Ga. 920, 1901 Ga. LEXIS 415 (Ga. 1901).

Opinion

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.

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Bluebook (online)
39 S.E. 470, 113 Ga. 920, 1901 Ga. LEXIS 415, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ray-v-green-ga-1901.