DOLLAR v. THOMPSON

19539, 19549.

212 Ga. 831 (1957)

96 S.E.2d 493

DOLLAR et al. v. THOMPSON; and vice versa.

Supreme Court of Georgia.

Decided January 14, 1957.

Rehearing Denied February 13, 1957.


Attorney(s) appearing for the Case

Jess H. Watson, Wheeler, Robinson & Thurmond, Emory F. Robinson, for plaintiffs in error.

Wood & Tallant, Herbert Edmondson, contra.


WYATT, Presiding Justice.

1. The defendant having admitted that T. J. Thompson executed the deed in question, and that the deed had been properly recorded, a presumption is raised that the deed was delivered. Henderson v. Kemp, 155 Ga. 489 (117 S. E. 244); Bourquin v. Bourquin, 110 Ga. 440 (35 S. E. 710). To overcome this presumption, the defendant introduced in evidence, over the timely objection of the plaintiffs, an ex parte affidavit...

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