Legal Opinion

Hunter v. Davis

Supreme Court of Georgia

Decided January 15, 1856No. 73PublishedCited by 15 opinions

Trover, in Harris Superior Court. Tried before Judge ’Worrill, September Term, 1855. On 14th February, 1824, Joseph Burks made a deed, by which he conveyed certain negroes and other property to his .grand-children, and appointed John Burks as trustee, “in ;my stead to manage, take care of, keep together and sustain the said property with the increase, if any, purely and solely for the benefit and support of my said son-in-law and daughter, (Barton and wife,) and their…

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Trover, in Harris Superior Court. Tried before Judge ’Worrill, September Term, 1855. On 14th February, 1824, Joseph Burks made a deed, by which he conveyed certain negroes and other property to his .grand-children, and appointed John Burks as trustee, “in ;my stead to manage, take care of, keep together and sustain the said property with the increase, if any, purely and solely for the benefit and support of my said son-in-law and daughter, (Barton and wife,) and their children so mentioned as aforesaid, during the natural lives of my said son-in-law and daughter; to be administered to them…

1Opinion of the Court

By the Court.

Benning, J.

delivering the opinion.

[1.] Was the charge right? This is the sole..question.

*415A judgment is not, as we think, technically conclusive of any matter, if the matter is not such, that it had, of necessity, to be determined before the judgmentjcould have been given. This seems to be the best result of the authorities. (1 Starkie’s Ev. 223; Phill. Ev. 334; Notes to Phill. Ev. 845; (Note, 594, 826, 827;) Green. Ev. §528.)

Was the right asserted in the action of trover, such that it had, of necessity, to be determined by the Court in the Equity suit, before it could render the…

2Cited by15 opinions

  1. Philipowski v. SpencerTexas Supreme Court · 1885
  2. Smith v. WoodCourt of Appeals of Georgia · 1967
  3. Draper v. MedlockSupreme Court of Georgia · 1905
  4. Williams v. WilliamsWisconsin Supreme Court · 1885
  5. Greenup v. CrooksIndiana Supreme Court · 1874

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