Colquitt v. Smith
| Decision Date | 28 February 1884 |
| Citation | 72 Ga. 515 |
| Court | Georgia Supreme Court |
| Parties | Colquitt, governor. vs. J. W. & W. L. Smith |
[This case was argued at the last term, and the decision reserved.]
State. Bonds. State Depositories. Forgery. New Trial. Before Judge Branham. Floyd Superior Court. March Adjourned Term, 1883.
The main facts of this case are the same as those in the case of Colquitt, governor, vs. Simpson & Ledbetter, just preceding, and the bond, execution, etc., there set out are the same as involved in this case. It is only necessary to add that, in this case, the execution issued by the governor was levied on certain property as that of M. P. Deason, and J. W. &. W. L. Smith interposed a claim, they having purchased the property from her and taken a deed dated March 8, 1881. The jury found the property subject. Claimants moved for a new trial, one ground being newly discovered evidence to show that Mattie P. Deason did not sign the bond or the affidavit attached thereto, and did not authorize any other person to do so for her, and that neither she nor Prentice justified or signed the affidavit attached to the bond. On this ground conflicting affidavits were introduced by the respective sides. The court granted a new trial, and the state, in the name of the governor, excepted.
One of the attorneys for the movants (Mr. Rowell) in his affidavit stated that " he did not know of the fact that William L. Prentice had not signed the affidavit as to his being worth twenty thousand dollars, attached to the bond given in matter of the Bank of Rome as state depository, neither was he certainly apprised of the further newly discovered evidence set forth in the motion for a new trial... until after the rendition of the verdict of the jury in the case stated, concerning Mrs. M. P. Deason\'s name not being signed by her to the bond of the Bank of Rome,.. or authorized any one else to sign her name as surety for said bank.
C. Anderson, attorney general; Jackson & King, for plaintiff in error.
Underwood & Rowell, or defendants.
1. This is the case of Colquitt, governor, vs. The Rome Bank and others, agents, and J. W. & W. L. Smith, claimants. It differs from the case of Simpson & Ledbetter, claimants, in that the claimants here bought from Mrs. Deason, whose name is alleged to have been forged to the deed. If she did not execute the bond, of course the state had no lien on her property, and any purchaser from her got good title. Whether her name...
To continue reading
Request your trial