Legal Opinion

Moye v. Kittrell

Supreme Court of Georgia

Decided January 15, 1859PublishedCited by 16 opinions

Trover, from Washington county. Tried before his Hon- or, W. W. Holt, at March Term, 1859. This was an action of trover, by John Kittrell, as administrator of Noah Kittrell, deceased, against Isaac Moye, and others, for certain negroes and other things, alleged to be the property of said deceased, at the time of his death.

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Trover, from Washington county. Tried before his Hon- or, W. W. Holt, at March Term, 1859. This was an action of trover, by John Kittrell, as administrator of Noah Kittrell, deceased, against Isaac Moye, and others, for certain negroes and other things, alleged to be the property of said deceased, at the time of his death. At the trial, plaintiff offered in evidence his letters of administration, proved that the property in controversy was in the possession of said Noah at the time of his death, and that it had subsequently been converted by defendants, who had it in possesion at the…

1Opinion of the Court

— Lumpkin J.

By the Court.

delivering the opinion.

The only question we find it necessary to decide in this case is, whether the , aper offered by the defendants as evidence of their title for the property sued for, is a will or a deed?

By it the intestate of the plaintiff declares that he freely gave and granted to the defendants, all of the property which he then possessed, with the exception of his bed and furniture, which he gave to two of his daughters, and fifty dollars *680■in cash to a grand-daughter, “to go into their possession at his death.” To have and, to hold absolutely, without any…

2Cited by16 opinions

  1. Price v. GrossSupreme Court of Georgia · 1918
  2. West v. WrightSupreme Court of Georgia · 1902
  3. White v. HopkinsSupreme Court of Georgia · 1887
  4. Cates v. CatesIndiana Supreme Court · 1893
  5. Wynn v. WynnSupreme Court of Georgia · 1900

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