Scranton v. Demere
Supreme Court of Georgia
Levy and claim, in Glynn Superior Court. Decided by Judge Fleming. In 1828, Raymond Demere made his will, the third item of which was as follows : “ Whereas, from the fidelity of my negro man Joy, and my negro woman Rose, who not only saved and protected a great part of my property during the time the British occupied St. Simons, but actually buried and saved a large sum of money, with which they might have absconded and obtained their freedom; it is therefore my will, and I…
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Levy and claim, in Glynn Superior Court. Decided by Judge Fleming. In 1828, Raymond Demere made his will, the third item of which was as follows : “ Whereas, from the fidelity of my negro man Joy, and my negro woman Rose, who not only saved and protected a great part of my property during the time the British occupied St. Simons, but actually buried and saved a large sum of money, with which they might have absconded and obtained their freedom; it is therefore my will, and I direct my executors to petition the Legislature to pass an Act for the manumission of my said negroes, and their two…
1Opinion of the Court
By the Court.
Warner, J.
delivering the opinion.
*99Three questions are made by the record, for our consideration and judgment, in this case'.
[1.] 1st. Whether the motion to dismiss the appeal, entered under the authority of the warrant of attorney, was properly overruled by the Court below.
2d. Whether the suit abated, by the death of Rose Demere ; and—
3d. Were the negroes levied upon, in the possession of one of the legatees under the will, with the assent of the executors, subject to be first taken, in satisfaction of the decree made against the executors, as stated in the record ?
The motion to…
2Cited by3 opinions
- Westbrook v. MooreSupreme Court of Georgia · 1877
- Dillon v. DillonSupreme Court of Georgia · 1878
- State Highway Department v. SumnerCourt of Appeals of Georgia · 1960