Spalding v. Grigg
Supreme Court of Georgia
This was an action of Trover in Effingham Superior Court, tiied before Judge Fleming. The facts of the case necessary to he understood, afe fully set out in the opinion of the Court. 1st. That the paper was a will, not only from the ambiguity on its face as to the time when it should take effect, but also from the parol evidence elicited by the other party. Hester vs. Young, 2 Kelly, 46, 9. Pitts vs. Mangum, 2 Bail. 588. Crawford vs. McElvy, 2 Sqicer, 23Ü.' Sp. Eq. 256. 2d.
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This was an action of Trover in Effingham Superior Court, tiied before Judge Fleming. The facts of the case necessary to he understood, afe fully set out in the opinion of the Court. 1st. That the paper was a will, not only from the ambiguity on its face as to the time when it should take effect, but also from the parol evidence elicited by the other party. Hester vs. Young, 2 Kelly, 46, 9. Pitts vs. Mangum, 2 Bail. 588. Crawford vs. McElvy, 2 Sqicer, 23Ü.' Sp. Eq. 256. 2d. This paper, if a deed, is subject to the ban of the Act of 1818, (Prince, 794.) A part of their earnings is “ virtually”…
1Opinion of the Court 1
By the Court.
2Opinion of the Court · NisbetNisbet, J.
This action of Trover was founded on the following instrument: ‘‘State of Georgia, McIntosh county. — Know all men by thesepres-ents, that I, Ann Cunningham, of the city of Darien, in the county and State aforesaid, for and in consideration of the regard and esteem I have and bear to Ann Grigg, and for divers other good causes and considerations me hereunto moving; I have given, bargained, sold and delivered, and by these presents, do give, bargain, sell and deliver unto the said Ann Grigg, of the city, county and State *78aforesaid, three slaves, named Judy, Bella, and John her…
3Cases cited9 opinions
- Willison v. WatkinsSupreme Court of the United States · 1830
- M'iver, Lessees v. RaganSupreme Court of the United States · 1817
- Lessee of Clarke v. CourtneySupreme Court of the United States · 1831
- Drinkwater v. DrinkwaterMassachusetts Supreme Judicial Court · 1808
- Jackson ex dem. Schaick v. DavisNew York Supreme Court · 1825
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4Cited by13 opinions
- White v. HopkinsSupreme Court of Georgia · 1887
- Cates v. CatesIndiana Supreme Court · 1893
- Patterson Co. v. Peoples Loan & Savings Co.Supreme Court of Georgia · 1924
- Shelton v. EdenfieldSupreme Court of Georgia · 1918
- Montgomery v. ReevesSupreme Court of Georgia · 1929
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