Worthy v. Johnson
Supreme Court of Georgia
Bill for discovery and relief, in Troup Superior Court. Demurrer decision, by Judge Hill, at November Adjourned Term, 1849. The heirs of Thomas Worthy filed this bill against certain purchasers of negroes, sold by his executors, at public sale, and against the present holders of certain other slaves that were bought by said executors, at their own sale, and which had been sold by the Sheriff, as the property of said executors.
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Bill for discovery and relief, in Troup Superior Court. Demurrer decision, by Judge Hill, at November Adjourned Term, 1849. The heirs of Thomas Worthy filed this bill against certain purchasers of negroes, sold by his executors, at public sale, and against the present holders of certain other slaves that were bought by said executors, at their own sale, and which had been sold by the Sheriff, as the property of said executors. The bill avers that Thomas Worthy died testate, leaving all the negroes here in dispute for equal distribution between his wife and children. He conferred no power on…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
[1.] The first ground taken in the demurrer is, that the bill is multifarious, because it joins defendants, some of whom purchased directly themselves, at the executor’s sale, while others bought at second hand, under executions against the executors, who purchased at their own sale.
All the defendants, as purchasers of the slaves, as the property of Worthy, have a common interest in resisting the equity of complainant’s demand. They have, also, a common interest in sustaining the validity of the executor’s sale, under which they all derive title…
2Cases cited2 opinions
- Wyman v. CampbellSupreme Court of Alabama · 1838
- Doe ex dem. Clements v. RoeSupreme Court of Georgia · 1848
3Cited by39 opinions
- Kelley v. BoettcherCourt of Appeals for the Eighth Circuit · 1898
- Hayden v. ThompsonCourt of Appeals for the Eighth Circuit · 1895
- Morgan v. WoodsSupreme Court of Georgia · 1882
- Stonecypher v. ColemanSupreme Court of Georgia · 1925
- Harrison v. HolsenbeckSupreme Court of Georgia · 1951
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