Legal Opinion

Wade v. Powell

Supreme Court of Georgia

Decided August 15, 1860PublishedCited by 6 opinions

' In Equity, from Murray Superior Court. Decided by Judge Crook, at the October Term, 1859. Peyton L. Wade instituted two actions of Trover in Murray Superior Court, against Jacob S. P. Powell, for the recovery of divers negro slaves. In one of the actions he was plaintiff in his own right, and in the other he was plaintiff as trustee for Mrs. Sarah A. Powell.

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' In Equity, from Murray Superior Court. Decided by Judge Crook, at the October Term, 1859. Peyton L. Wade instituted two actions of Trover in Murray Superior Court, against Jacob S. P. Powell, for the recovery of divers negro slaves. In one of the actions he was plaintiff in his own right, and in the other he was plaintiff as trustee for Mrs. Sarah A. Powell. The said Wade, also, commenced an action of Ejectment in Whitfield Superior Court, in favor of John Doe, ex-demise, Peyton L. Wade, et al., against Richard Roe, casual ejector, and Samuel Street, tenant in possession. Jacob S. P. Powell…

1Opinion of the Court

*19By the Court.

Lyon, J.,

delivering the opinion.

James D. Erwin, the father of Mrs. Sarah Powell, the complainant in this Bill, on the first day of March, 1849, conveyed to the defendant in the Bill, in trust for Mrs. Sarah Powell and the wife of Jacob S. P. Powell, thirty negroes. The defendant accepted the trust and entered upon the performance of its duties. Subsequently, and on the 7th day of March, 1849, Jacob S. P. Powell conveyed to the defendant, Wade, seven negroes, in consideration of $2,000; afterwards, and about the last of March, 1849, one Robert Martin conveyed to defendant fifteen…

2Cited by6 opinions

  1. Addley v. BeizerCourt of Appeals of Georgia · 1992
  2. Williams v. SimmonsSupreme Court of Georgia · 1888
  3. Dean v. JacksonSupreme Court of Georgia · 1964
  4. Glover v. MooreSupreme Court of Georgia · 1877
  5. Union Camp Corporation v. James E. Dyal, Jr., and John M. Murrell, Additional Leon A. Wilson, Ii, Third PartyCourt of Appeals for the Third Circuit · 1972

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