Marshall v. Morris
Supreme Court of Georgia
Claim, in Crawford Superior Court. Tried before Judge Powers. September Term, 1852. A fi. fa. for $2,500 00 in favor of plaintiff against Richard Morris, was levied upon certain negroes, and a claim interposed by Rhoda Morris. • On the trial, the execution was offered in evidence, and it appeared from an entry thereon, that on the 11th of November, 1841, it was levied upon a negro woman Patty, and her two children, of which levy no disposition had been made.
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Claim, in Crawford Superior Court. Tried before Judge Powers. September Term, 1852. A fi. fa. for $2,500 00 in favor of plaintiff against Richard Morris, was levied upon certain negroes, and a claim interposed by Rhoda Morris. • On the trial, the execution was offered in evidence, and it appeared from an entry thereon, that on the 11th of November, 1841, it was levied upon a negro woman Patty, and her two children, of which levy no disposition had been made. Claimant objected to the introduction of the execution, on the ground that this levy had not been disposed of. Whereupon counsel for…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
This was a claim case; and the parties were Matthew A Marshall, plaintiff in fi. fa. Richard Morris, defendant, and Rhoda Morris, claimant. The execution was levied on certain negroes as the property of Richard Morris, and tendered in evidence on the trial as the first piece of. testimony on the part of the plaintiff. Its admissibility vías objected to, on the ground that there was a previous levy in November, 1841, of the same fi. fa. on several negroes, which had not been accounted for, and which by presumption of law, was a satisfaction of the…
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- Wood v. TorreyNew York Supreme Court · 1831
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- Ryan v. LieberSupreme Court of Georgia · 1860