Legal Opinion

Thomas v. Brinsfield

Supreme Court of Georgia

Decided July 15, 1849No. 29PublishedCited by 8 opinions

In Equity. In Stewart Superior Court. Tried before Judge Alexander, April Term, 1849. Polly Thomas filed her bill in Stewart Superior Court, against Thomas Brinsfield', charging that, in the year 1829, in the State of North Carolina, being anxious to remove from that State, and having no friend to whom she could apply, complainant was induced to make application to Thomas Brinsfield, who then agreed and undertook to remove complainant and her infant daughter, together with…

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In Equity. In Stewart Superior Court. Tried before Judge Alexander, April Term, 1849. Polly Thomas filed her bill in Stewart Superior Court, against Thomas Brinsfield', charging that, in the year 1829, in the State of North Carolina, being anxious to remove from that State, and having no friend to whom she could apply, complainant was induced to make application to Thomas Brinsfield, who then agreed and undertook to remove complainant and her infant daughter, together with the property of which she was possessed, consisting of a horse and four negroes, to the State of Georgia, and to afford…

1Opinion of the Court

By the Court. —

Nisbet, J.

delivering the opinion.

[1.] Courts of Equity are not strictly within the Statutes of Limitation. Yet length of time, in analogy to the Statutes of Limitation, is as complete a bar in Equity aAn^w^^^feparty’s right or demand is barred by the laws|j(^hi^B^^iJ3^ipSfet relieved from the operation of the laws, 1m gcing into Equitvffio assert it. This would make the Courts the wise and salutary operation of the StlpHes. The effect w*uld be, in all cases over which Equity coul<mal»ijj^^¡S3E3l'(tdírepeal the Statutes of Limitation. There ESjeHiowever,§ogja? subjects of Equity…

2Cases cited2 opinions

  1. Leland v. WilkinsonSupreme Court of the United States · 1836
  2. Souzer v. De MeyerNew York Court of Chancery · 1831

3Cited by8 opinions

  1. Grant v. HartSupreme Court of Georgia · 1941
  2. Wallace v. MizeSupreme Court of Georgia · 1922
  3. Warren v. AdamsSupreme Court of Colorado · 1894
  4. Reynolds v. DorseySupreme Court of Georgia · 1939
  5. Carnes v. Bank of JonesboroCourt of Appeals of Georgia · 1938

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