Whitten v. Jenkins
Supreme Court of Georgia
In equity. In Hancock Superior Court. Tried before Judge ¥m. M. Reese. April Term, 1865. Burchet Jenkins, wife of Charles Jenkins, by her next friend, Stephen Jenkins, filed her bill against Isaac S. Whit-ten, returnable to Hancock Superior Court, April Term, 1854. It sought the recovery of a negro girl named Margianna, as the separate property of Mrs. Jenkins, together 'with hire from January 11th, 1853. The bill and answer made two questions: — 1st. Whether Mrs. Jenkins…
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In equity. In Hancock Superior Court. Tried before Judge ¥m. M. Reese. April Term, 1865. Burchet Jenkins, wife of Charles Jenkins, by her next friend, Stephen Jenkins, filed her bill against Isaac S. Whit-ten, returnable to Hancock Superior Court, April Term, 1854. It sought the recovery of a negro girl named Margianna, as the separate property of Mrs. Jenkins, together 'with hire from January 11th, 1853. The bill and answer made two questions: — 1st. Whether Mrs. Jenkins took a separate estate in the negro by gift from Samuel M. Devereux ; and 2d.' Whether, if she did, the defendant,…
1Opinion of the CourtWalker, J.
The first question made in this case, is, whether the Court *304erred in admitting the following testimony of John G. Raines, viz.: “And his intention was fully expressed to give her the girl for fier own use.” If this were the only evidence in the cause, on the subject, perhaps we might be disposed to reject it; but as the same fact was sufficiently established by other testimony, we are unwilling, for this, to send the case back. It may be well questioned, however, whether this is an expression of opinion, or the statement of a fact.
[1.] The second complaint was the admission of Judge Thomas’…
2Cited by1 opinion
- McQueen v. FletcherSupreme Court of Georgia · 1886