Green v. Wright
| Decision Date | 09 January 1969 |
| Docket Number | 24986. |
| Citation | 165 S.E.2d 843,225 Ga. 25 |
| Parties | GREEN v. WRIGHT et al. |
| Court | Georgia Supreme Court |
Adams & Greenholtz, H. T. Greenholtz, Jr., for appellant.
C. B. King, for appellees.
The question presented is one of title to two lots consisting of nine acres of land located in Dougherty County, Georgia. The appeal is from a judgment denying a motion for summary judgment made by the defendant, Lucious Green. Enumerated as error is the denial of the appellant's motion for summary judgment, alleging that the judgment was contrary to the evidence and to law. Held:
1. The appellant claims title by deed and also by adverse possession for seven years under color of title. He failed to show title by deed. The affidavit of an attorney that he checked the property records in the office of the Clerk of the Superior Court of Dougherty County, and that the chain of title as shown by these records included described deeds, fails to meet the requirements of Ga. L. 1966, pp. 609, 660 (Code Ann. § 81A-156 (e)) that affidavits submitted in support of motions for summary judgment His affidavit does not set forth such facts as would be admissible in evidence, as the deeds are the highest and best evidence. Code § 38-203 requires that: "The best evidence which exists of the fact sought to be proved shall be produced, unless its absence shall be satisfactorily accounted for." See Pierce v. Dennett, 163 Ga. 471 (1) (136 SE 440), where this court held that statements as to restrictions contained in a deed, appearing in affidavits submitted in support of an injunction, were inadmissible, as the deed was the highest and best evidence of what is contained in the deed. See also Primrose v. Browning, 56 Ga. 369 (1); Bourquin v. Bourquin, 151 Ga. 575, 578 (1) (107 SE 767); Ehrlich v. Mills, 203 Ga. 600 (1) (48 SE2d 107). The affidavit of the attorney further fails to meet the requirement that sworn or certified copies of all papers or parts thereof referred to in an affidavit must be attached thereto or served therewith. Neither does the appellant's affidavit submitted in support of...
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Sullivan v. Henry
...copies of those records must be attached or filed therewith for the opinion to have any factual basis at all," citing Green v. Wright, 225 Ga. 25, 165 S.E.2d 843, and Hembree v. Cotton States Mut. Ins. Co., 132 Ga.App. 556, 557, 208 S.E.2d 568. Consequently, the court could not consider the......
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Alexander v. Boston Old Colony Ins. Co.
...on the competency and admissibility of supporting affidavits in the absence of objections thereto in the trial court, see Green v. Wright, 225 Ga. 25, 165 S.E.2d 843; Reed v. Batson-Cook Co., 122 Ga.App. 803, 806, 178 S.E.2d 728; Ga. Hwy. Express, Inc. v. W. D. Alexander Co., 124 Ga.App. 14......
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Daniel v. Georgia Power Co., 55536
...v. Gibbs, 145 Ga.App. 647, 244 S.E.2d 615), the warranty deed to the property in question is properly before us. See Green v. Wright, 225 Ga. 25(1), 165 S.E.2d 843. The legal rights and interests conveyed by the document will determine whether Georgia Power is an owner of the property and t......
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Reed v. Batson-Cook Co.
...Supreme Court in a recent opinion has nullified the effect of this principle insofar as a summary judgment is concerned. Green v. Wright, 225 Ga. 25, 165 S.E.2d 843. There the court held that uncontradicted proof consisting of an affidavit as to the chain of title shown by certain deeds was......