McCune v. McMichael
Supreme Court of Georgia
Trover, in Butts Superior Court. Tried before Judge Cabaniss, March Term, 1859. This was an action of trover, by Ruth J. McCune, against Leroy McMichael, for the recovery of six negroes. The negroes were by the last will and testament of James A. Mc-Cune, bequeathed to plaintiff, who was his wife, for and during her life, remainder to his four children.
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Trover, in Butts Superior Court. Tried before Judge Cabaniss, March Term, 1859. This was an action of trover, by Ruth J. McCune, against Leroy McMichael, for the recovery of six negroes. The negroes were by the last will and testament of James A. Mc-Cune, bequeathed to plaintiff, who was his wife, for and during her life, remainder to his four children. It appeared, that plaintiff about the year 18 — , made a division of certain negroes which she held as tenant for life, between R. W. McCune and Leroy McMichael, her son and son-in-law, and remaindermen in and under said will, and delivered…
1Opinion of the Court
— Lumpkin J.
By the Court.
delivering the opinion.
We see no error in the record in this case, except the refusal of the Court to charge as requested; that if the defendant when he purchased, had knowledge of the plaintiff’s title; Ruth J. McCune is not estopped from recovering the property, notwithstanding her declarations to Judge Stark and others, unless it was shown that McMichael had knowledge of these declarations, and acted upon them in buying the negroes at the administrator’s sale. I state the substance or legal tenor of the request only.
Upon the next trial of this case, the first…
2Cited by7 opinions
- Peacock v. HorneSupreme Court of Georgia · 1925
- Stonecipher v. KearSupreme Court of Georgia · 1908
- Cit. Bk. of Darlington v. McDonaldSupreme Court of South Carolina · 1943
- Brice v. SheffieldSupreme Court of Georgia · 1904
- Williamson v. Floyd County Wildlife Association, Inc.Supreme Court of Georgia · 1961
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