Pool v. Morris
Supreme Court of Georgia
In Equity, in Henry Superior Court. Tried before Judge Cabaniss, April Term, 1859. This was a bill filed by Wiley Pool and his wife, Elizabeth, against Richard Morris, and Absalom R. Allen, seeking the partition of certain negroes, and to set up Mrs. Pool’s equity in the share or interest coming to complainants.
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In Equity, in Henry Superior Court. Tried before Judge Cabaniss, April Term, 1859. This was a bill filed by Wiley Pool and his wife, Elizabeth, against Richard Morris, and Absalom R. Allen, seeking the partition of certain negroes, and to set up Mrs. Pool’s equity in the share or interest coming to complainants. The facts of the case are about as follows: In 1814, Absalom Ramey, and Daniel Ramey, of the county of Clark, executed their respective deeds of gift, conveying to Nancy Allen, certain slaves for her life, and at her death remainder to her three children, Absalom R. Allen, Naomi…
1Opinion of the Court
— Stephens J.
By the Court.
delivering the opinion.
[1.] We think the presiding Judge erred in admitting against Wiley Pool and his wife, the sayings of James and Nancy Allen, uttered at any time, except at the division of the negroes. What they said at that time, or what any body else said then, was part of the res gestee, and would be admissible as such. But what they said either before or after-wards, is, as to Pool and wife, mere hearsay. True, they were life-tenants, and Pool and wife were remainder in the same negroes, but they were not pi'ivies with Pool and wife, and therefore their…
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