Robinson v. Schly
Supreme Court of Georgia
Fi. fa. levy and claim, in Richmond Superior Court. Tried before .Judge Holt, January Term, 1849. A fi-fa. in favor of Jesse Robinson, as guardian of A. J. Lamar, against John Schly, was levied on several negroes, to which a claim was interposed by "William Cooper, and the parties were at issue upon this claim.
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Fi. fa. levy and claim, in Richmond Superior Court. Tried before .Judge Holt, January Term, 1849. A fi-fa. in favor of Jesse Robinson, as guardian of A. J. Lamar, against John Schly, was levied on several negroes, to which a claim was interposed by "William Cooper, and the parties were at issue upon this claim. The plaintiff’s counsel gave in evidence the following instruments : “ State of Georgia, Laurens County: “ Know all men by these presents, that I, Mary D. Moore, of the County and State aforesaid, for and in consideration of the friendship and esteem, love and affection, and the many…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
Many interesting questions are raised in this record.
[1.] Had the execution in favor of Jesse Robinson, as guardian of Andrew J. Lamar, against John Schly, the right to proceed against the property which is the subject-matter of this claim ? The presiding Judge held that it was inoperative, and that the Jury could not find the property subject to it, as there was no assignment from Jesse Robinson, the plaintiff, to John B. Lamar, and no evidence of Lamar’s being the successor of Robinson in the guardianship. This defect, if it be one, is rather…
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