Wellborn v. Weaver
Supreme Court of Georgia
Trover, in Coweta Superior Court. Tried before Judge Warner, September Term,' 1854. This was an action to recover two negroes, a woman and her son, brought by the plaintiffs, children of the wife of defendant by a former marriage, against C. T. Wellborn. The negroes had formerly been the property of Joshua Elder, deceased. He delivered them to his daughter Sarah, on her marriage with one Seaborn B. Garnett, the father of plaintiffs.
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Trover, in Coweta Superior Court. Tried before Judge Warner, September Term,' 1854. This was an action to recover two negroes, a woman and her son, brought by the plaintiffs, children of the wife of defendant by a former marriage, against C. T. Wellborn. The negroes had formerly been the property of Joshua Elder, deceased. He delivered them to his daughter Sarah, on her marriage with one Seaborn B. Garnett, the father of plaintiffs. As to whether she took them as a loan or gift, there was much conflicting testimony. The negroes remained in her possession until after Garnett’s death, and until…
1Opinion of the Court
By the Court.
Lumpkin, J..delivering the opinion.
[1.] A new trial will not be granted, because the verdict of 'the Jury is contrary to the charge of the Court, provided the verdict is according to law and the charge is against it.
[2.] Now we are clear that the saving in the Statute of Limitations in favor of feme coverts, does not apply where the feme was dis-covert at the time her right of action accrued, notwithstanding she may have married, subsequently, on the same day.
[3.] In other words, marriage may be postponed, but not the Statute of Limitations. And then the Act of 1817, (Cobb’s…
2Cases cited1 opinion
- Verplank v. SterryCourt for the Trial of Impeachments and Correction of Errors · 1815
3Cited by58 opinions
- Sullivan v. McMillanSupreme Court of Florida · 1890
- Taft v. TaftMichigan Supreme Court · 1886
- Bourquin v. BourquinSupreme Court of Georgia · 1900
- Anderson v. GoodwinSupreme Court of Georgia · 1906
- Dixon v. Bristol Savings BankSupreme Court of Georgia · 1897
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