O.C.G.A.

O.C.G.A. § 44-2-24 (2019)

Withdrawal of affidavit of forgery upon loss of deed by affiant

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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Where an affidavit of forgery has been filed to the plaintiff’s deed, and the deed has been turned over to the defendant or his counsel in order to procure evidence upon the issue of forgery, and such deed is destroyed or lost by the defendant or his counsel or for any cause is not returned to the plaintiff, the judge trying the case shall strike the affidavit of forgery and withdraw the issue from the jury until the deed is produced. The same rule shall apply when the plaintiff files an affidavit of forgery as to the deed of the defendant.

History

(Ga. L. 1887, p. 60, §§ 1, 2; Civil Code 1895, § 3629; Civil Code 1910, § 4211; Code 1933, § 29-416.)

Annotations

RESEARCH REFERENCES Am. Jur. 2d. - 23 Am. Jur. 2d, Deeds, Forged deed or bond for title as constitut§§ 164, 167, 168. ing color of title, 68 ALR2d 452. ALR. - Forgery as affecting registration Procuring signature by fraud as forgery, 11 under Torrens Act, 68 ALR 357. ALR3d 1074.