Ball v. Wallace
Supreme Court of Georgia
Trover, in Sumter Superior Court. Tried before Judge Allen, at the October Term, 1860. James Ball, as the administrator of James Gray, and Sea-born Gray, and as executor of Sarah Powell, brought an action of trover-against Cargil Wallace, and his wife, Mary Wallace, to recover damages for the alleged conversion by the defendants of a negro named Peter.
Read the full summary
Trover, in Sumter Superior Court. Tried before Judge Allen, at the October Term, 1860. James Ball, as the administrator of James Gray, and Sea-born Gray, and as executor of Sarah Powell, brought an action of trover-against Cargil Wallace, and his wife, Mary Wallace, to recover damages for the alleged conversion by the defendants of a negro named Peter. On the trial of the case, the plaintiff proved that the defendant, Mary Wallace, was the widow of Samuel Gray, deceased, and that she intermarried with the defendant, Cargil Wallace ¿ that Samuel Gray died about-the first of January, 1858,…
1Opinion of the Court
By the Qourt
Lyon, J.,
delivering the opinion.
Some of the well settled rules for the exposition of deeds and other writings are, that the constructions ought to be as favorable and as near the apparent intent of the parties as possibly may be, and as the law will permit; that too much regard is not to, be had to the natural and proper signification of words and sentences, to prevent the simple intention of the parties from taking effect; for that the law is not nice in grants, and, therefore, it doth often transpose words contrary to their order to bring them to the intent of the parties.…
2Cited by11 opinions
- McDonald v. DabneySupreme Court of Georgia · 1926
- Trustees of Jesse Parker Williams Hospital v. NisbetSupreme Court of Georgia · 1940
- F. & W. Grand Five-Ten-Twenty-Five Cent Stores Inc. v. EisemanSupreme Court of Georgia · 1925
- Agar v. StreeterMichigan Supreme Court · 1914
- Sterling v. ParkSupreme Court of Georgia · 1907
6 more not listed; retrieve them via the Exa API.