Bryan v. Watson
Supreme Court of Georgia
Trover, in Houston Superior Court. Tried before Judge Powers, April Term, 1856. This was an action of trover, brought by defendant in error as administrator of Joseph Nunez, a free person of color, against plaintiff in error, for the recovery of sundry negro slaves.
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Trover, in Houston Superior Court. Tried before Judge Powers, April Term, 1856. This was an action of trover, brought by defendant in error as administrator of Joseph Nunez, a free person of color, against plaintiff in error, for the recovery of sundry negro slaves. On the trial, the plaintiff tendered in evidence his letters of administration, in the usual form; and to the reading of which in evidence, defendant’s Counsel objected, upon the ground that the face of the letters showed that the administration was upon the estate of a free white person. Whereas, the declaration alleges that the…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
pL.] [2.] The two first objections may be considered together. They assume that letters of administration should show upon their face that they were granted to a free white citizen; and consequently, that it is inadmissible by parol to add to or contradict them, by proving that the intestate was a free person of color.
The letters, of themselves, show nothing. The most that can be contended for is, that the presumption of law is, that they were granted upon the estate of a free white person. ■Now presumptions of law are of two kinds: First, such…
2Cited by31 opinions
- Choice v. StateSupreme Court of Georgia · 1860
- Yates v. StateSupreme Court of Georgia · 1907
- Gilliland v. Board of Education.Supreme Court of North Carolina · 1906
- Beasley v. BurtSupreme Court of Georgia · 1946
- Caldwell v. GregoryCourt of Appeals of Georgia · 1969
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