Callaway v. Jones & Quattlebum
Supreme Court of Georgia
In Equity, in Sumpter Superior Court. Decision by Judge JPerkins* August Term, 1855. This hill was filed by William P. Gammage, in his lifetime, alleging that Jones & Quattlebum, in December, 1850, sold to complainant two negroes — Tenah and Rachel, for the sum of $1100. and gave a written warranty of soundness; that complainant gave them a mortgage upon the negroes for the purchase money, and has paid them a portion of the same; that they had foreclosed the mortgage for the…
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In Equity, in Sumpter Superior Court. Decision by Judge JPerkins* August Term, 1855. This hill was filed by William P. Gammage, in his lifetime, alleging that Jones & Quattlebum, in December, 1850, sold to complainant two negroes — Tenah and Rachel, for the sum of $1100. and gave a written warranty of soundness; that complainant gave them a mortgage upon the negroes for the purchase money, and has paid them a portion of the same; that they had foreclosed the mortgage for the balance, $675, besides interest, and were proceeding with the fi. fa.; that both of the negroes were unsound, Tenah…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
The judgment of this Court is, that the injunction in this case should not have been dissolved, the answer not having sworn off the equity of the bill.
[1.] As to the womb disease alleged to have existed in one of the women at the time of the sale, the denial is, and of necessity must be, a mere matter of opinion — no disease is more subtle; none effects the whole system so completely; and consequently, none is more difficult to detect. And as to the the defect in the eye, of the other woman, while the fact is admitted, it is insisted, that the…
2Cited by4 opinions
- Marshall v. DrawhornSupreme Court of Georgia · 1859
- Shorter v. ShorterSupreme Court of Georgia · 1920
- Fletcher & Bullock v. YoungSupreme Court of Georgia · 1882
- Thomas v. MorrisettSupreme Court of Georgia · 1886