Clark v. Cassidy
Supreme Court of Georgia
Trover. Title. Evidence. Husband and wife. Presumptions. New trial. Before Judge Harden. City Court of Savannah. November Term, 1878. Cassidy, as administrator of Mary E. Shaffer, brought bail trover against Clark for certain described personalty. Defendant maintained that the deceased was his wife; that she died intestate and without debts, in 1877, leaving him sole heir; and that he therefore had title to the property.
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Trover. Title. Evidence. Husband and wife. Presumptions. New trial. Before Judge Harden. City Court of Savannah. November Term, 1878. Cassidy, as administrator of Mary E. Shaffer, brought bail trover against Clark for certain described personalty. Defendant maintained that the deceased was his wife; that she died intestate and without debts, in 1877, leaving him sole heir; and that he therefore had title to the property. He also plead specially, that he was not in possession at the time proceedings were begun against him. There was no dispute as to the fact that Clark and intestate lived…
1Opinion of the Court
Jackson, Justice.
1. It is wholly immaterial when the goods were converted by the defendant, if it was done within the statute of limitations, and about that the record discloses that there is no dispute. Clark was in possession after intestate’s death, and converted the effects sued for within the statute. 57 Ga., 407.
2. The burden in our judgment was upon Clark to show his marriage to the intestate, as his claim to the goods rested entirely upon that allegation being true. The articles were in her possession — in her house — when she died ; and that fact, with the letters of administration…
2Cases cited3 opinions
- Schnell v. ToomerSupreme Court of Georgia · 1876
- Dillon v. DillonSupreme Court of Georgia · 1878
- Harris v. BridgesSupreme Court of Georgia · 1876
3Cited by25 opinions
- Lefkoff v. SicroSupreme Court of Georgia · 1939
- Reed v. ReedSupreme Court of Georgia · 1947
- Allen v. AllenSupreme Court of Georgia · 1922
- Hamilton v. BellSupreme Court of Georgia · 1926
- City of Conyers v. Kirk & Co.Supreme Court of Georgia · 1887
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