Terrell v. McKinny
Supreme Court of Georgia
Trover, in Newton Superior Court. Tried before Judge Cabaniss, March. Term, 1858. This was an action of trover brought originally by John P. Booth and his wife Martha Booth, against Richmond Terrell, for the recovery of a negro woman slave Letty, and her children, named in the declaration. Pending the action, John P. Booth died, and the same proceeded in the name of his wife, until her marriage again with John McKinny, who was made a co-plaintiff.
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Trover, in Newton Superior Court. Tried before Judge Cabaniss, March. Term, 1858. This was an action of trover brought originally by John P. Booth and his wife Martha Booth, against Richmond Terrell, for the recovery of a negro woman slave Letty, and her children, named in the declaration. Pending the action, John P. Booth died, and the same proceeded in the name of his wife, until her marriage again with John McKinny, who was made a co-plaintiff. The defendant, Richmond Terrell, also having died pending the suit, Richmond J, Terrell, his administrator, was made a party defendant. This case…
1Opinion of the Court
By the Court.
McDonald J.
delivering the opinion.
This was a motion in the Court below, for a new trial, which the Court overruled, and the decision of the Court on that motion is assigned for error here. The action in the Court below was trover for the recovery of several negroes; Letty and her children. The plaintiff, Mrs. McKinney, was the daughter and only child of Richard Hodges, who, by his will, gave to her eleven negroes, and among them the woman Letty. By the will Letty was to be left in the possession of Mrs. Terrell, and to remain so during Mrs. Terrell’s natural life, then to become…
2Cases cited1 opinion
- Booth v. TerrellSupreme Court of Georgia · 1855
3Cited by5 opinions
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- Macon & Western Railroad v. Meador Bros.Supreme Court of Georgia · 1881
- Pitts & Son Co. v. Bank of ShilohCourt of Appeals of Georgia · 1917
- Cotton States Mutual Insurance v. DavisCourt of Appeals of Georgia · 1965