Legal Opinion

Arrington v. Cherry

Supreme Court of Georgia

Decided August 15, 1851No. 60PublishedCited by 13 opinions

Trover, in Bibb Superior Court. Tried before Judge Stark, July Term, 1851. This was an action ot trover, brought by the plaintiff in error against the defendant in error, for the recovery of a negro woman named Henrietta. The defendant pleaded the general issue.

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Trover, in Bibb Superior Court. Tried before Judge Stark, July Term, 1851. This was an action ot trover, brought by the plaintiff in error against the defendant in error, for the recovery of a negro woman named Henrietta. The defendant pleaded the general issue. On the trial, the plaintiff gave in evidence a deed of trust, executed by Richard Morris, Rhoda Jenkins and Matthew A. Marshall, on the 22d day of December, 1827, whereby, after reciting a contemplated marriage between the said Richard and Rhoda, and that the said Rhoda was possessed of four negroes, one of which was the woman…

1Opinion of the Court

By the Court.

Lumpkin, J.

delivering the opinion.

[1.] We hold, in the first place, that the order granted by Judge Tracy, at Chambers, to sell this trust property, was a nullity.

[2.] Chancery jurisdiction in this State is conferred upon the Superior Courts, and not upon the Judges thereof. Prince, 447.

[3.] But conceding the invalidity of this order, was there not ample evidence before the Jury to authorize the verdict ? Sam*434uel J. Ray testified, that about the time of the sale to Cherry, or previous thereto, Mrs. Morris, the cestui que trust, in a conversation with witness, stated that after…

2Cases cited2 opinions

  1. Brazier v. ClapMassachusetts Supreme Judicial Court · 1809
  2. Alsop v. MagillSupreme Court of Connecticut · 1809

3Cited by13 opinions

  1. Manley v. StateSupreme Court of Georgia · 1928
  2. Richards v. East Tennessee, Virginia & Georgia Railway Co.Supreme Court of Georgia · 1899
  3. Mize v. HarberSupreme Court of Georgia · 1940
  4. Heath v. City of AtlantaCourt of Appeals of Georgia · 1942
  5. Iverson v. Saulsbury, Respess & Co.Supreme Court of Georgia · 1882

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