Foster v. Brooks
Supreme Court of Georgia
Trover, in Heard Superior Court. Tried before Judge Hill* October Term, 1848. Wilson W. Brooks, administrator of George M. Smith, deceased, brought his action of trover in Heard Superior Court, against Charles Foster, to recover eighteen slaves, as the property of his intestate.
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Trover, in Heard Superior Court. Tried before Judge Hill* October Term, 1848. Wilson W. Brooks, administrator of George M. Smith, deceased, brought his action of trover in Heard Superior Court, against Charles Foster, to recover eighteen slaves, as the property of his intestate. Foster defended, under a bill of sale from Smith, which the plaintiff sought to avoid by proof that Smith was an idiot, incapable of contracting. ' A verdict was rendered at the October Term, 1848, for the plaintiff, for the sum of $8,700, “ which can be discharged by the delivery of the negroes mentioned in the…
1Opinion of the Court
By the Court.
Nisbet, J.
delivering the opinion.
*291[1.] The defendant in this case relied upon a bill of sale from the plaintiff’s intestate. The plaintiff attacked that bill of sale upon two grounds, to-wit: the insanity of the maker, his intestate, and undue and improper influence exerted upon him, amounting to moral coercion, by Foster, the defendant. Upon the trial, Judge Hill permitted the plaintiff to prove the insanity of the intestate, by giving in evidence the public opinion and reputation of the neighborhood, in relation to his insanity. Such testimony, for example, as this: “ he was…
2Cases cited2 opinions
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3Cited by15 opinions
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- Dicken v. JohnsonSupreme Court of Georgia · 1849
- Alabama Great Southern Railroad v. BrownSupreme Court of Georgia · 1913
- Hines v. DonaldsonSupreme Court of Georgia · 1942
- Gray v. ObearSupreme Court of Georgia · 1877
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