Yeldell v. Shinholster
Supreme Court of Georgia
Trover, in Bibb Superior Court. Tried before Judge Powers, November Term, 1853. This was an action of trover, brought by the plaintiff against the defendant in error, for the recovery of ten negroes and a ■horse. The defendant pleaded the general issue. On the trial, plaintiff read to the Jury the testimony of "Thomas S. Hays, Overton Segó and Joseph M. Cooper.
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Trover, in Bibb Superior Court. Tried before Judge Powers, November Term, 1853. This was an action of trover, brought by the plaintiff against the defendant in error, for the recovery of ten negroes and a ■horse. The defendant pleaded the general issue. On the trial, plaintiff read to the Jury the testimony of "Thomas S. Hays, Overton Segó and Joseph M. Cooper. Hays swore—That he had conversation with Randolph Blackwell, while in life, some four or five years before, in which Blackwell stated, that he wanted to buy a farm for plaintiff, somewhere between McMinnville, Tennessee, and Macon,…
1Opinion of the Court
By the Court.
Starves, J.,
delivering the opinion.
[1.] The opinion of the Court below, seems to have been,, that if Randolph Blackwell died in possession of tho property, the subject of this controversy, and the defendant, as admin*193istrator, took possession of it, and sold the same, inasmuch as he thus “discharged a duty imposed upon him by law”, he was not liable, in this form of action to the plaintiff, “however good his (the plaintiff’s) title might be”.
In this, his Honor was certainly mistaken. An administrator is authorized, by law', to take possession, and dispose of the goods and…
2Cited by5 opinions
- Byfield v. CandlerCourt of Appeals of Georgia · 1924
- Knight v. KnightSupreme Court of Georgia · 1885
- Watkins v. Madison County Trust & Deposit Co.Court of Appeals for the Second Circuit · 1928
- Reeves v. MatthewsSupreme Court of Georgia · 1855
- Byrd v. RiggsCourt of Appeals of Georgia · 1952