Dever v. Akin
Supreme Court of Georgia
Slave debt. Constitutional law. Evidence. Before Judge Bigby. Polk Superior Court. January Term, 1869. In February 1862, Dodd obtained a judgment -against Dever and afterwards transfered it to Akin.
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Slave debt. Constitutional law. Evidence. Before Judge Bigby. Polk Superior Court. January Term, 1869. In February 1862, Dodd obtained a judgment -against Dever and afterwards transfered it to Akin. In December 1868, Akin, seeking to enforce payment, Dever filed an oath of illegality averring that the fi, fa. was proceeding illegally, because the consideration of the debt upon which saidjudgment was founded (a note payable to one Tumlin), was slaves and that it yvas therefore against the Constitution of 1868 to énforce said fi. fa'. Akin denied that such was its consideration, and upon this…
1Opinion of the CourtMcCAY, J.
1. The consideration of the note on which this fa. was founded was in no sense, even according to the defendant’s own testimony, the slaves which he had bought from Freeman. The true consideration moving him to give the note, was the debt which he owed Freeman, and the consideration moving Tumlin to take the note was the loss to him of his debt against Freeman. It was not the fact that Dever had gotten negroes from Freeman that induced him to give this note. It was the fact that he owed Freeman a debt, and Freeman was willing to discharge that debt if Dever would give his note to Tumlin. The…
2Cases cited1 opinion
- New Orleans v. United StatesSupreme Court of the United States · 1836
3Cited by15 opinions
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- Security Development & Investment Co. v. WilliamsonCourt of Appeals of Georgia · 1965
- Biggers v. WinklesSupreme Court of Georgia · 1906
- Kipp v. BurtonMontana Supreme Court · 1903
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