Boston & Gunby v. Cummins
Supreme Court of Georgia
Claim, in Spalding Superior Court. Tried before Judge Starke, May Term, 1854. This was a case, in which certain fi. fas. in favor of Boston & Gunby, against Francis D. Cummins, had been levied on certain negro property, as the property of Cummins; to which a claim was interposed by said Cummins, as trustee for his wife, Yalinda Cummins. The plaintiffs introduced their fi. fas., proved the levies, and that the property was in possession of defendant.
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Claim, in Spalding Superior Court. Tried before Judge Starke, May Term, 1854. This was a case, in which certain fi. fas. in favor of Boston & Gunby, against Francis D. Cummins, had been levied on certain negro property, as the property of Cummins; to which a claim was interposed by said Cummins, as trustee for his wife, Yalinda Cummins. The plaintiffs introduced their fi. fas., proved the levies, and that the property was in possession of defendant. Claimant introduced a marriage settlement, executed in 1833, between F. D. Cummins, of the one part, Yalinda Davis, afterwards Cummins, and…
1Opinion of the Court
By the Court.
Lumpkin J.
delivering the opinion.
The Legislature, in 1847, passed an Act to require marriage settlements to be recorded.
Section I. enacts, “ That all marriage agreements or settlements, heretofore executed, cither within this or any other State *105or Territory, where the husband resides within the limits of this State, shall be recorded within twelve months after the passage and publication of this Act, in the Clerk’s office of the Superior Court, in the County of the residence of the husband”.
Section II. “ All marriage agreements or settlements, hereafter, made either in this State…
2Cited by43 opinions
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