Lowe v. Brooks
Supreme Court of Georgia
In Equity, in Upson Superior Court. Decision on demurrer, by Judge Cabiness, at May adjourned Term, 1857. This was a bill filed by Alexander S. Brooks, administrator of John Lowe, deceased, against William Lowe, to recover the share or interest of his intestate in two negroes and their hire, alleged to be in the possession of defendant.
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In Equity, in Upson Superior Court. Decision on demurrer, by Judge Cabiness, at May adjourned Term, 1857. This was a bill filed by Alexander S. Brooks, administrator of John Lowe, deceased, against William Lowe, to recover the share or interest of his intestate in two negroes and their hire, alleged to be in the possession of defendant. The bill alleges that Mary Rabun of the county of Hancock, departed this life, leaving in full force her last will and testament, bearing date the 7th January, 1841; and that in and by the 9th clause of said will, testatrix directed that certain negroes…
1Opinion of the Court
By the Court. —
Benning, J.
delivering the opinion.
John, James, and Emma Lowe were joint tenants of the slaves in dispute. John and perhaps James, died.
The question is, whether John’s interest in the slaves, in whole, or in part, went on his death, to Emma.
By a rule of the common law, on the death of one joint tenant, the property, held in joint tenancy, whether real, or personal, went to the surviving joint tenants.
*327111 1828, the Legislature passed an act in these words: “ Whereas, it is doubtful whether the right of survivorship, as under the English law, does not still exist in this…
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