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Law School Case Brief

Doe ex dem. Williams v. Roe - 27 Ga. 187 (1859)

Rule:

Under the term "parties," the law includes all who are directly interested in the subject-matter, and have a right to make defense, or to control the proceedings and to appeal from the judgment. A devisee of lands is an haeres factus, and so made by the will of the testator.

Facts:

The claimant objected to the judgment of the lower court in sustaining a demurrer to certain evidence and for refusing to give a requested charge to the jury. The claimant offered into evidence court proceedings from many years ago for the establishment of the copy of a lost deed to the premises in dispute, including the rule absolute or judgment of the court establishing the copy, and also the copy deed as established. The lower court sustained the demurrer to the copy deed because of the deficiency of proof of its execution. Neither attesting witness was a justice of the peace or other officer authorized to attest deeds, and there were no affidavits of either of the subscribing witnesses proving its execution.

Issue:

Did the lower court err in sustaining a demurrer to certain evidence and in refusing to give a requested charge to the jury?

Answer:

Yes

Conclusion:

The court found that the judgment that established the copy of the deed was good without witnesses for it could not be presumed that a court would allow a copy of a forged or fraudulent deed to be established. The attesting witnesses were dead. The court found that the rejection of the copy of the deed had to be reversed. The court concluded that the lower court properly refused the claimant's request to charge.

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