Porter v. Thomas
Supreme Court of Georgia
Trover, in Laurens Superior Court. Tried before Judge Love, October, Term, 1857. Trover by Francis Thomas, executor of the last will and testament of Mary Jones, deceased, against Charles A. C. Porter, for seventy-eight negroes.
Read the full summary
Trover, in Laurens Superior Court. Tried before Judge Love, October, Term, 1857. Trover by Francis Thomas, executor of the last will and testament of Mary Jones, deceased, against Charles A. C. Porter, for seventy-eight negroes. Pleas: The general issue, and that defendant was in possession of said slaves only as the overseer of James Y. Jones, Joseph B. Jones, Henry W. Jones, and William B. Jones, executors of Henry P. Jones, deceased, to whom the property belonged at the time of his death. That said negroes were in fact in the possession of said executors, and that defendant was subject to…
1Opinion of the Court
By the Court —
McDonald, J.
delivering the opinion.
[1.] The first assignment of error presented in the record, is on the charge of the presiding Judge in the Court below, that this action was rightly brought against the ' defendant who was the overseer of the executors of the will of Henry P. Jones, and in that capacity had charge of the slaves sued for.
The gist of the action of trover is the wrongful conversion of the property of the plaintiff by the defendant, The wrongful defention of the property is a conversion, and, in a tortious act, all are principals and equally liable. A servant may…
2Cited by16 opinions
- Haas & Howell v. GodbyCourt of Appeals of Georgia · 1924
- Milhollen v. RiceWest Virginia Supreme Court · 1878
- Guess v. MorganSupreme Court of Georgia · 1943
- Groover v. Savannah Bank & Trust Co.Supreme Court of Georgia · 1938
- Regents of the University System v. Trust Co.Supreme Court of Georgia · 1938
11 more not listed; retrieve them via the Exa API.