Cain v. Busby
Supreme Court of Georgia
Trover, from Baker Superior Court. Tried before Judge Allen, November Term, 1859. Nimrod Busby, jr., and wife, and Samuel A. White, guardian of Mary Jane Cain and John R. Cain, jr., brought their action, against John R. Cain to recover four slaves, viz: Mary, Harriet, Martha and Green.
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Trover, from Baker Superior Court. Tried before Judge Allen, November Term, 1859. Nimrod Busby, jr., and wife, and Samuel A. White, guardian of Mary Jane Cain and John R. Cain, jr., brought their action, against John R. Cain to recover four slaves, viz: Mary, Harriet, Martha and Green. On the trial, the plaintiff in the Court below introduced the following evidence: Silas A. Stokes testified, that he wrote the deed of gift from Lydia Cain to Benjamin Cain’s children; he was one of the witnesses; saw it executed by the donor, Mrs. Cain; was executed on the day it bears date; plaintiffs are the…
1Opinion of the Court
By the Court.
Lyon, J.,
delivering the opinion.
The testimony in this case is very conflicting and unsatisfactory — so much so, that it is impossible to tell, with any degree of confidence or certainty, where the true title is. To illustrate: Stokes, who is a witness for the plaintiffs in the suit, testifies, that Lydia Cain, under whose deed of gift the plaintiffs claim, was living in Macon county in 1834 or 1835, when he moved to that county. Defendant moved to that county some years after and lived with his mother. During all the time, however, before and after defendant moved to Macon, old…
2Cases cited1 opinion
- Jones v. MorganSupreme Court of Georgia · 1853
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- National Ben Franklin Fire Insurance v. HurleyCourt of Appeals of Georgia · 1934
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