Goodwyn v. Goodwyn
Supreme Court of Georgia
Trover, in Coweta Superior Court. Tried before Judge ■Starke, March Term, 1854. This was an action of Trover for negroes, and plea of the .■Statute of Limitations. When the plaintiff had made out his case, the defendant introduced proof that she had denied plaintiff’s right, and asserted title in herself in 1848, and had given notice thereof to .plaintiff at that time.
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Trover, in Coweta Superior Court. Tried before Judge ■Starke, March Term, 1854. This was an action of Trover for negroes, and plea of the .■Statute of Limitations. When the plaintiff had made out his case, the defendant introduced proof that she had denied plaintiff’s right, and asserted title in herself in 1848, and had given notice thereof to .plaintiff at that time. The action was commenced in 1849. Plaintiff, in' rebuttal, proved by two witnesses, Béadles and King, that in 1846, or the first of 1847, defendant had admitted, in their hearing, that the property in question was the property…
1Opinion of the Court
*116 By the Court.
Starnes, J.
delivering the opinion.
The Court below instructed the Jury, that “ the testimony ■of the witnesses, Beadles and King, though serving to show whether or not the possession of the defendant was adverse, 'yet, could not be used to excuse the plaintiff from suing within the time prescribed by law, or to prolong the time within which the plaintiff must sue or be barred: nor can they be used to wipe out or obliterate any previous causes of action, which the plaintiff may have had: nor do they furnish a fresh starting point for the commencement of the Statute; for these…
2Cases cited1 opinion
- Oothout v. ThompsonNew York Supreme Court · 1822
3Cited by4 opinions
- Van Auken v. City of AdrianMichigan Supreme Court · 1904
- Peterson v. BreitagSupreme Court of Iowa · 1893
- Heath v. PhilpotSupreme Court of Georgia · 1928
- Goodwyn v. GoodwynSupreme Court of Georgia · 1858