Booth v. Terrell
Supreme Court of Georgia
Trover, in Newton Superior Court. Tried before Judge • Stark, March Term, 1855. This was an action of trover brought by John P. Booth and his wife, Martha Booth, against Richard Terrel, for the recovery of eight negro slaves, to wit: Letty and seven chilren, named in the declaration. Pending the action, John P. Booth died, and the same proceeded in the name of the wife. The defendant pleaded the general issue and the Statute Limitations.
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Trover, in Newton Superior Court. Tried before Judge • Stark, March Term, 1855. This was an action of trover brought by John P. Booth and his wife, Martha Booth, against Richard Terrel, for the recovery of eight negro slaves, to wit: Letty and seven chilren, named in the declaration. Pending the action, John P. Booth died, and the same proceeded in the name of the wife. The defendant pleaded the general issue and the Statute Limitations. On the trial, plaintiff proved by two witnesses, that in the year 1820, in Jefferson County, Richard Hodges, the father of Mrs. Booth, loaned Letty, the…
1Opinion of the Court
By the Court.
Starnes, J.
delivering the opinion.
We thinlc that the Court below erred in so framing hig -charge, that the Jury might infer, from the language used, that though a loan from one person to another were gratuitous ; yet, if the property were to be delivered to a third person at the termination of the loan, the lender had parted with all dominion over it from the beginning, and the transaction amounted to a gift to the first taker.
The Court says ; “ If Hodges had titles, and loaned the property to Mrs. Terrell for life, to be delivered, at her death, to the plaintiff, Martha Booth,…
2Cited by1 opinion
- Terrell v. McKinnySupreme Court of Georgia · 1858