Bell v. McCawley
Supreme Court of Georgia
Trover, in Cherokee Superior Court. Tried before Judge Hammond, March Term, 1859. This was an action of trover brought by James Hampton, against William M. Bell, for the recovery of certain negroes, to-wit: Rose and Mary; and the children of Mary, viz: Moses, Hannah, and Ben.
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Trover, in Cherokee Superior Court. Tried before Judge Hammond, March Term, 1859. This was an action of trover brought by James Hampton, against William M. Bell, for the recovery of certain negroes, to-wit: Rose and Mary; and the children of Mary, viz: Moses, Hannah, and Ben. The facts of this ease are briefly these: Sometime prior to the year 1790, John Hampton, intermarried with Joice Malone, the daughter of William Malone, the parties at the time residing in Newberry District, South Carolina. On the 10th December, 1790, in consequence, it seems, of the contemplated removal of Hampton to…
1Opinion of the Court
— Stephens J.
By the Court.
delivering the opinion.
[1.] We think the “ memoranda” were sufficiently proven to be admitted in evidence, for aside from all the other proof, they were shown tobe “ ancient documents.” They were shown to have come from the proper custody — from William Malone, and they were shown to have been in existence more than forty years, and the possession of the negroes was in conformity with these “memoranda” for the same period. All this shows them to be ancient documents, not needing further proof.
[2.] We think the certificate of record was sufficient to carry the deed of…
2Cited by3 opinions
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- General Credit Corp. v. MooreNebraska Supreme Court · 1935
- Gaskins v. GuthrieSupreme Court of Georgia · 1926