Hardwick v. Hook
Supreme Court of Georgia
Assumpsit, Ac. in Washington Superior Court, Tried before Judge Holt, September Term, 1849. Daniel Harris, as guardian, obtained judgment against Morris Walden to a large amount, and caused the same to be levied, in 1842, on a number of negro slaves in the possession of Walden.
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Assumpsit, Ac. in Washington Superior Court, Tried before Judge Holt, September Term, 1849. Daniel Harris, as guardian, obtained judgment against Morris Walden to a large amount, and caused the same to be levied, in 1842, on a number of negro slaves in the possession of Walden. To a portion of these negroes, Sarah Walden, the wife of Morris Walden, by her next friend, L, Mathis, interposed a claim, that the same were her separate property, and gave a forthcoming and claim bonds, with William P. Hardwick as surety. The negroes, at that time, went into the possession of Hardwick, and remained…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
[1.] Is Hardwick liable to pay hire to any body for the negroes which were in his possession? Had he got the custody of them from one capable, in Law, of giving it — as all lawful claimants, we apprehend, are — then, most clearly, he would have been responsible to no one else; and might, as he seeks to do in this case, have protected himself from hire, by contract with the claimant. But Mrs. Walden, being a feme covert, was incapable, in Law, of interposing any claim. She herself acquired the possession of these slaves wrongfully. The Sheriff had…
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