Clayton v. Tucker
Supreme Court of Georgia
Assumpsit, in Bibb Superior Court. Tried before Judge Powers, May Term, 1856. This was an action brought by the plaintiff in. error against the defendant in error, as the executrix de son tort of Nathan S. Tucker, deceased.
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Assumpsit, in Bibb Superior Court. Tried before Judge Powers, May Term, 1856. This was an action brought by the plaintiff in. error against the defendant in error, as the executrix de son tort of Nathan S. Tucker, deceased. The case came on for trial on the appeal in the Court below, when the following evidence was submitted to the Jury by plaintiff: William Holmes testified, that he knew Nathan S. Tucker when in life; Tucker lived in a brick house on or near court-house square for fifteen years, or more, and died four or five years ago; his widow and children still reside at the same place;…
1Opinion of the Court
By the Court.
Benning, J.
delivering the opinion.
Ought the Court to have granted the motion for a new tri.-al?
The plaintiff’s case was such, that it became necessary for him to show that the lots of land and the negroes to which rthe testimony relates, belonged to the estate of Ñaman S. Tucker,, deceased, and that the defendant had, since Tucker’s death, as executrix of her own wrong, intermeddh-d with ■.them. Every question in the case grows out of his - ndeavor *462•to establish these two points. It is in reference to them, therefore, that every question has to be considered.
And the case is also…
2Cited by8 opinions
- McLendon v. Reynolds Grocery Co.Supreme Court of Georgia · 1925
- Cohen v. ParishSupreme Court of Georgia · 1898
- Stimpson Computing Scale Co. v. TaylorCourt of Appeals of Georgia · 1908
- Ellis v. Southern Railway CompanyCourt of Appeals of Georgia · 1957
- Central of Georgia Railway Co. v. DabneyCourt of Appeals of Georgia · 1931
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