Sanderlin v. Sanderlin
Supreme Court of Georgia
In Equity from Randolph county. Tried before Judge Kiddoo, at May adjourned term, 1857. Sarah Sanderlin and others, as heirs and distributees of Henry Sanderlin, deed., filed this bill against Jesse and William Sanderlin, administrators of said deceased, to compel them to account for a negro man named Elias, which complainants .alleged belonged to the estate of intestate. It appeared that Jesse Sandlin, one of the defendants, was the father of deceased.
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In Equity from Randolph county. Tried before Judge Kiddoo, at May adjourned term, 1857. Sarah Sanderlin and others, as heirs and distributees of Henry Sanderlin, deed., filed this bill against Jesse and William Sanderlin, administrators of said deceased, to compel them to account for a negro man named Elias, which complainants .alleged belonged to the estate of intestate. It appeared that Jesse Sandlin, one of the defendants, was the father of deceased. That Jesse, before the marriage of his son Henry, owned the boy Elias ; that shortly after the marriage of his son, which occurred about the…
1Opinion of the CourtRunning, J.
By the Court. delivering'the opinion.
Did Henry Sanderlin, on his marriage, receive the slave from his father, Jesse Sanderlin, as a gift, or as a loan ? If, as a gift, was the gift cancelled and the slave given back to the father ?
These are the two main questions in this case.
The Court allowed the “complainants to prove the value and kind of property of Jesse Sanderlin.” The first exception is to this decision.
Is the fact, that a man was able to do a thing which, he perhaps, ought to have done, evidence that he did it ? Doubtful, certainly.. Judge McDonald is clear, that the Court erred in…
2Cited by4 opinions
- Curtis v. ArmagastSupreme Court of Iowa · 1912
- Sanderlin v. SanderlinSupreme Court of Georgia · 1859
- Murray v. StateSupreme Court of Georgia · 1946
- Murray v. StateSupreme Court of Georgia · 1946