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• Title: Elisha Winn and Others, Plaintiffs in Error v. William Patterson
• Author : United States Supreme Court
• Release Date : January 01, 1835
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 79 KB

Description

This is a writ of error to the circuit court of the district of Georgia. The cause, which is an ejectment, has been twice before this court, and the decisions then had, will be found reported in 11 Wheat. Rep. 380, and 5 Peters's Rep. 233; to which we may therefore refer, as containing a statement of many of the material facts. At the new trial had in November term 1833, in pursuance of the mandate of this court. The plaintiff, to maintain the issue on his part, gave in evidence a copy of a grant from the state of Georgia to Basil Jones, for seven thousand three hundred acres, including the lands in controversy, dated the 24th of May 1787, with a plat of survey thereto annexed. He then offered a copy of a power of attorney from Basil Jones to Thomas Smyth, Junior, purporting to be dated the 6th of August 1793, and to authorize Smyth, among other things, to sell and convey the tract of seven thousand three hundred acres, so granted, which power purported to be signed and sealed in the presence of 'Abram Jones, J. P., and Thomas Harwood, Jun.;' and the copy was certified to be a true copy from the records of Richmond county, Georgia, and recorded therein, on the 11th day of July 1795. And to account for the loss of the original power of attorney, of which the copy was offered, and of the use of due diligence and search to find the same, the plaintiff read the affidavit of William Patterson, the lessor of the plaintiff, which in substance stated, that he had not in his possession, power or custody, the original grant; and that he verily believed the original power of attorney and grant have been lost or destroyed. He also read, for the same purpose, the deposition of Andrew Fleming, which stated in substance, the searches made by him among Thomas Smyth's papers, and the information received by him, leading to the conclusion, that the same has been lost or destroyed. Also, the deposition of Mrs Smyth, the widow of Thomas Smyth, for the same purpose. Also, the deposition of Richard H. Wilde, which stated several searches made by him for the original power, in the office of the clerk of Richmond county, and in other places, and an application to the wife of Basil Jones, and to the son of Thomas Smyth, for the like purpose; and an advertisement in two Georgia newspapers, for information respecting the same, all of which proved ineffectual. The same witness also stated, that Abram Jones, the supposed subscribing witness, was, by public reputation, long since dead. It was admitted that Abram Jones was, at the time of the supposed execution of the power, a justice of the peace.

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