Tompkins v. Philips
Supreme Court of Georgia
Rule against Sheriff, in Heard Superior Court. Decided by Judge Hill. April Term, 1852. Wilson W. Brooks, as administrator of George M. Smith, brought an action of trover, for certain slaves, against Charles Foster and Nicholas Tompkins, as his security on the appeal, for the negroes in controversy and for $3500.00 hire. Foster was insolvent.
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Rule against Sheriff, in Heard Superior Court. Decided by Judge Hill. April Term, 1852. Wilson W. Brooks, as administrator of George M. Smith, brought an action of trover, for certain slaves, against Charles Foster and Nicholas Tompkins, as his security on the appeal, for the negroes in controversy and for $3500.00 hire. Foster was insolvent. William Philips held executions against Foster, amounting to some $900.00. During the term of'the Court at which verdict and judgment were rendered in the action of trover, Tompkins approached Philips, and informed him of the existence of certain negroes…
1Opinion of the Court
By the Court.
Warner, J.
delivering the opinion.
[1.] The error assigned to .the judgment of the Court below in this case is, the ordering of the money raised by th? sale of Louisa and her three children, to be paid over to Philips’ fi.fas.
The plaintiff in error claims the money under the agreement made between himself and Philips. The Court held that there was no legal consideration for that agreement, and for that reason ordered the money to be paid to Philips’ executions.
Philips’ executions against Foster, the defendant, were of older date than the one controlled by Tompkins ^gainst Foster,…
2Cited by16 opinions
- Rieves v. SmithSupreme Court of Georgia · 1937
- Zachos v. Citizens & Southern National BankSupreme Court of Georgia · 1957
- Saunders v. Citizens First National BankSupreme Court of Georgia · 1927
- Vanguard Properties Development Corp. v. MurphyCourt of Appeals of Georgia · 1975
- Whitley v. PowellCourt of Appeals of Georgia · 1933
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