McLeroy v. McLeroy
Supreme Court of Georgia
Equity, from Pike county. Decided by Judge Cabiness, October Term, 1857. Edward J. McLeroy, as guardian of Charles W. McLeroy, (the minor child' of James McLeroy and Eliza W. McLeroy, formerly Eliza W. Gilden) filed his bill in equity for an injunction, under the following circumstances: The said Eliza McLeroy, then Eliza Gilden, was, in 1850, possessed of two negroes, which she had received from the estate of her mother, Mary Gilden, under and by virtue of the will of her…
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Equity, from Pike county. Decided by Judge Cabiness, October Term, 1857. Edward J. McLeroy, as guardian of Charles W. McLeroy, (the minor child' of James McLeroy and Eliza W. McLeroy, formerly Eliza W. Gilden) filed his bill in equity for an injunction, under the following circumstances: The said Eliza McLeroy, then Eliza Gilden, was, in 1850, possessed of two negroes, which she had received from the estate of her mother, Mary Gilden, under and by virtue of the will of her said mother, the 4th iteni of which was as follows: “I give and bequeath to my daughter, Eliza W. Gilden, and to the…
1Opinion of the Court
By the Court.
Benning, J.
delivering the opinion.
The bill alleges, that it was agreed by and between James McLeroy and Eliza W. Gilden, in contemplation of intermarriage, that she should hold, the two negroes for the use of the children of the marriage; that Charles W. McLeroy was the only child of the marriage; and that, Jas. McLeroy, after the marriage and the birth of Charles W., always treated the two negroes as the property of Charles W.
Whatever'title to the negro in dispute, this gave to Charles W., may be as well asserted at law, on the trial of the claim, as it can be, in equity. This…
2Cited by2 opinions
- Hammond v. HammondSupreme Court of Georgia · 1911
- Hope v. GlassSupreme Court of Georgia · 1936