¶1The only question made by the record in this case is, whether a copy of a lost note given for a slave can be established in the Superior Court, under the provisions of the' Code for the establishment of lost papers. The Court below ruled and decided, that a copy of such lost note could not be established. In thus ruling, we think tbe Court erred. The petitioner had the undoubted right to have a copy of his lost note, given for a slave, established as provided by law, in lieu of tbe lost original, if he desired to do so, and the .Court bad jurisdiction for that purpose. Whether the Court has jurisdiction to enforce its collection after it has been established, is another and different question. Let the judgment of the Court below be reversed.
40 Ga. 74
Venable v. Born
Decided December 15, 1869
Supreme Court of Georgia · decided 1869-12-15
Lost Note. Slave Debt. Before Judge Davis. Gwinnett Superior Court. September Term, 1869. Venable averred that Daniel D. Born, on the 20th of November, 1860, gave his promissory note to R. C. Gaines, who, on the 28th of May, 1862, sold it to him, that Born paid on it $140 00, in 1861, and died without paying the balance, that William J. Born administered upon his estate and refused to pay the note, that it was lost in 1865, and prayed that a copy of it might be established.
Cited by 1 later decisions — most recently December 1904
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1869-12-15
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