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.
Structure Georgia Code
Chapter 2 - Recordation and Registration of Deeds and Other Instruments
Part 1 - Recording of Deeds and Other Real Property Transactions
§ 44-2-3. Voluntary Deeds or Conveyances of Land; Effect of Recording
§ 44-2-5. Recording Execution and Deed After Sheriff’s Sale
§ 44-2-7. Recording of Surrender or Satisfaction of Bond for Title
§ 44-2-8. Recording of Options to Purchase Land and Assignments of Such Options; Effect as Notice
§ 44-2-9. Recording Leases, Usufructs, and Assignments Thereof; Effect as Notice
§ 44-2-10. Recording Deeds and Bills of Sale to Personalty; Effect as Notice
§ 44-2-12. Rerecording Lost or Destroyed Deeds and Other Instruments; Validity
§ 44-2-14. Requirements for Recordation
§ 44-2-15. Officers Authorized to Attest Registrable Instruments
§ 44-2-16. Effect of Acknowledgment Subsequent to Execution
§ 44-2-18. Recording Deed Upon Affidavit of Subscribing Witness; Effect of Substantial Compliance
§ 44-2-19. Recording Deed on Affidavit of Third Person
§ 44-2-22. Legal Effect of Good Record Title for 40 Years
§ 44-2-24. Withdrawal of Affidavit of Forgery Upon Loss of Deed by Affiant
§ 44-2-25. Recording Techniques; Copies of Plats
§ 44-2-26. Recording of Plat or Copy of Plat — When and Where Authorized; Duty of Clerk
§ 44-2-27. Recording of Plat — When Deemed Recorded
§ 44-2-28. Recording of Plat or Copy of Plat — Incorporation by Reference