Freeman v. Norwell
Supreme Court of Georgia
Trover, from Lincoln county. Decided by Judge Thomas, April Term, 1858. An action ivas brought in the Court below by Thomas B„ Norwell, against Henry Freeman, to recover the penalty un•der a bond, on account of the breach of the condition of the .said bond.
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Trover, from Lincoln county. Decided by Judge Thomas, April Term, 1858. An action ivas brought in the Court below by Thomas B„ Norwell, against Henry Freeman, to recover the penalty un•der a bond, on account of the breach of the condition of the .said bond. The condition of the bond was as follows: “ The condition of the above obligation is such, that whereas, the said Yancey G. Freeman, committee as aforesaid, did commence his action of trover against the said Thomas B. Norwell, returnable to the March Term of the Superior Court of said county, 1857, for three certain slaves, to-witi Jane, a…
1Opinion of the Court
By the Court.
Benning, J.
delivering the opinion.
Norwell, the defendant in the original action, having failed to give the bond required to be given by the Act, (of 1821,) Yancy G. Freeman, the plaintiff in that action, gave it, and thereupon, received the possession of the negroes for which the action was brought, Yancy G. Freeman then dismissed his action, (a judgment of dismissal being entered,) and, instead of restoring the negroes to Norwell, held on to them.
Was this a breach of that condition of his bond, which required, that he should “ produce said negroes, to answer such judgment,…
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