Wade v. Powell
Supreme Court of Georgia
In Equity, in Murray Superior Court. Tried before Judge .Trippe, April Term, 1856. .This bill was filed by Sarah A. Powell, wife of Jacob S. P„ Powell, by her- next friend, James Edmonson,-against Peyton L. Wade, Jesse L. Wad;e,-of the County of Whitfield, and-the said James S. P. Powell of-Murray County. The bill charges— 1st. That in.
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In Equity, in Murray Superior Court. Tried before Judge .Trippe, April Term, 1856. .This bill was filed by Sarah A. Powell, wife of Jacob S. P„ Powell, by her- next friend, James Edmonson,-against Peyton L. Wade, Jesse L. Wad;e,-of the County of Whitfield, and-the said James S. P. Powell of-Murray County. The bill charges— 1st. That in. March, 1819, James I). Irwin made a deed of trust, conveying certain negroes to Peyton L. Wade, in trust for the sole and separate use of complainant during her life, and then absolutely to .such children as she might leave, surviving her; that the negroes now…
1Opinion of the Court
By the Court.
Benning, J.
delivering the opinion.
The first question is, was there any equity in the bill ?
The bill prays for an account from the trustee, for the removal of the old trustee, and the appointment of a new one, and for an injunction to restrain the prosecution of the trover suits, and to restrain P. L. Wade from taking possession of" the trust property.
There was equity in the bill, if Mrs. Powell was entitled to. the possession and use of the negroes constituting the trust-.property; and the bill was a-measure necessary to enable horto obtain their possession and use.
[1.] We think…
2Cited by4 opinions
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- Turner v. BarberSupreme Court of Georgia · 1908
- Finch v. MillerSupreme Court of Georgia · 1933
- Kirkpatrick v. BrownSupreme Court of Georgia · 1877