Foster ex rel. Tompkins v. Whitaker
Supreme Court of Georgia
Action on the case, in Heard Superior Court. Tried before Judge Hill, April Term, 1852. Wilson W. Brooks, as administrator of George M. Smith, brought an action of trover, against Charles Foster, for the recovery of seventeen negroes.
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Action on the case, in Heard Superior Court. Tried before Judge Hill, April Term, 1852. Wilson W. Brooks, as administrator of George M. Smith, brought an action of trover, against Charles Foster, for the recovery of seventeen negroes. Nicholas Tompkins became the security in said case, of Foster on the appeal, pending which, Tompkins, becoming alarmed, took steps to require Foster to give bond and security for the forthcoming of the negroes, to answer the final judgment of the Court, in the said action of trover. In order to induce Pleasant H. Whitaker and Archibald M. Wood, to become his…
1Opinion of the Court
By the Court.
Nisbet, J.
delivering the opinion.
[1.] We cannot doubt but that the presiding Judge put the true construction upon the agreement between Whitaker and Wood and Foster. It is not possible to give it any other. Foster agrees with Whitaker and Wood, in consideration that they will become his securities on a bond for the forthcoming of the negroes, to respond to a recovery in the action of trover against him, that “ they shall have and hold the said negroes, and shall have the full power, control and profits of the said negroes, until the termination of the action of trover.” To make…
2Cited by1 opinion
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