Toomer v. Dickerson
Supreme Court of Georgia
Demurrer. - Decided by Judge Flemming. Chatham Superior Court. May Term, 1867. On the 25th day of June, A. D., 1866, in the County Court of said county, Henry L. Toomer commenced his statutory action against John F. Tucker and Henry J. Dickerson, on their bond for the penal sum of one hundred and seven thousand, three hundred dollars ($107,300,) which, at the trial term, was transferred by consent of parties to. the appeal docket of the Superior Court.
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Demurrer. - Decided by Judge Flemming. Chatham Superior Court. May Term, 1867. On the 25th day of June, A. D., 1866, in the County Court of said county, Henry L. Toomer commenced his statutory action against John F. Tucker and Henry J. Dickerson, on their bond for the penal sum of one hundred and seven thousand, three hundred dollars ($107,300,) which, at the trial term, was transferred by consent of parties to. the appeal docket of the Superior Court. When the cause came up for trial, the defendants having pleaded separately, the plaintiff moved the Court to strike out all the said pleas…
1DissentHarris, J.
John F. Tucker, of the city of Savannah, bought of Henry Laurens Toomer, of Charleston, South Carolina, on the 1st December, 1857, ninety-one slaves, for the sum of $53,650, upon a credit, payable by installments. For the purchase money, Tucker made his bond, with Dickerson, of Savannah, as security thereto ; and on the same day Tucker executed a mortgage on the slaves so bought and gave the same to Toomer, as cumulative security.
The mortgage was conditioned that upon default of payment, as stipulated by the bond, he, Toomer, might enter and take possession of the slaves and sell and dispose…
2Cases cited2 opinions
- Lenox v. ProutSupreme Court of the United States · 1818
- Hain v. MartinSupreme Court of Pennsylvania · 1836