Kendrick v. Whitfield
Supreme Court of Georgia
In Equity, in Houston. Decided by Judge Powers, April ’Term, 1856. , ... . Henry H. Whitfield, as the administrator of Elizabeth 'Whitfield, deceased, brought his action of complaint against Adolphus D. Kendrick and Miles L. Green for the recovery ■ of certain slaves, as the property of plaintiffs’ intestate. To this action, pleas of the general issue and the Statute of Limitations were pleaded. There had been one trial — a verdict for plaintiffs and an -appeal by defendant.
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In Equity, in Houston. Decided by Judge Powers, April ’Term, 1856. , ... . Henry H. Whitfield, as the administrator of Elizabeth 'Whitfield, deceased, brought his action of complaint against Adolphus D. Kendrick and Miles L. Green for the recovery ■ of certain slaves, as the property of plaintiffs’ intestate. To this action, pleas of the general issue and the Statute of Limitations were pleaded. There had been one trial — a verdict for plaintiffs and an -appeal by defendant. Pending this appeal, the defendants, as the executors of .James A. Everett, deceased, filed a bill against the…
1Opinion of the Court
*381 By the Court.
Lumpkin, J.
delivering the opinion.
•[1.] Did the Superior Court of Houston County have jurisdiction ? We are clear that it did.
The bill is filed to aid the defence to the action of trover. It seeks to set up an equitable bar to defeat the plaintiffs’ recovery. Neither the case of Jordan & Jordan and Carter nor any other decided by this Court conflicts with this opinion.
In that case, the defendant at Law proposed not only to prevent a judgment on the note sued in Troup County, where the defendant resided; but the bill charged the plaintiff at Law and his confederate with having…
2Cited by10 opinions
- Railroad Commission v. Palmer Hardware Co.Supreme Court of Georgia · 1906
- Berry v. Cooper & BoykinSupreme Court of Georgia · 1859
- Home Mixture Guano Co. v. WoolfolkSupreme Court of Georgia · 1918
- Gates v. ShanerSupreme Court of Georgia · 1951
- Robertson v. Tallulah Falls Railway Co.Court of Appeals of Georgia · 1923
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