Clayton v. Brown
Supreme Court of Georgia
Trover, &e. in Muscogee Superior Court. Tried before Judge Worrill, December, 1854. This was an action for a negro man, Charles, brought by Dempsey Brown against Philip A. Clayton. Brown claimed under a sale by the Sheriff, of the negro, as the property of one Reeves. Clayton claimed ..under a deed of trust from Reéves, for the benefit of the wife and children of Reeves.
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Trover, &e. in Muscogee Superior Court. Tried before Judge Worrill, December, 1854. This was an action for a negro man, Charles, brought by Dempsey Brown against Philip A. Clayton. Brown claimed under a sale by the Sheriff, of the negro, as the property of one Reeves. Clayton claimed ..under a deed of trust from Reéves, for the benefit of the wife and children of Reeves. The depositions of one Holmes stated, among other things,' that Reeves was indebted to him $134, by note, which note he sued to judgment. Objected to by Clayton, on the ground that there was higher and better evidence.…
1Opinion of the Court
*219 By the Court.
Lumpkin, J.
delivering the opinion.
[1.] Without caviling about minor matters, we would say, that we are not satisfied with the manner in which this case was submitted to the-Jury. If the record speaks right, it was not put upon the true ground; and upon the issues which ought to control it.
The Court instructed the Jury, that if James T. Reeves remained in possession of the property named in the trust deed, executed by him to Philip A. Clayton, for the benefit of his wife and children, after the conveyance was executed, that it was evidence from which fraud should be presumed.
Now,…
2Cases cited1 opinion
- Bennett v. President of the Bedford BankMassachusetts Supreme Judicial Court · 1814
3Cited by10 opinions
- Conley v. BuckSupreme Court of Georgia · 1897
- Cothran v. ForsythSupreme Court of Georgia · 1882
- Keeter v. Bank of EllijaySupreme Court of Georgia · 1940
- Bittinger v. KastenIllinois Supreme Court · 1884
- Cohen v. ParishSupreme Court of Georgia · 1898
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