Legal Opinion

Pendergrast v. Foley

Supreme Court of Georgia

Decided January 15, 1850No. 1PublishedCited by 12 opinions

In Equity, in Chatham Superior Court. Tried before Judge Fleming, February, 1849. Patrick Pendergrast, a citizen of Savannah, being in bad health, left this State in 1830, for Ireland, leaving Daniel Foley as his general agent to manage his property, consisting of several negroes, drays, and some real estate. The immediate management of the drays was under the control of Andrew Dixon.

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In Equity, in Chatham Superior Court. Tried before Judge Fleming, February, 1849. Patrick Pendergrast, a citizen of Savannah, being in bad health, left this State in 1830, for Ireland, leaving Daniel Foley as his general agent to manage his property, consisting of several negroes, drays, and some real estate. The immediate management of the drays was under the control of Andrew Dixon. On the 1st November, 1830, all the negroes and drays of Pendergrast were sold at public auction by Daniel Foley, and the negroes were all purchased by him. In 1832, the last will and testament of Patrick…

1Opinion of the Court

By the Court.

Warner, J.

delivering the opinion.

[1.] The main question involved in this case is, whether Francis Foley, the original defendant in the action of trover, was protected by the Statute of Limitations from a recovery of the two slaves, Sam and George, in a suit instituted by the legatees of Patrick Pendergrast, deceased. In November, 1830, the negroes were sold by D. Foley, at auction, as the property of Patrick Pendergrast, and purchased by D. Foley, who was the agent of Pendergrast. The negroes passed, from D. Foley into the possession of one Andrew Dixon, and were mortgaged by…

2Cases cited1 opinion

  1. Peck v. Trustees of RandallNew York Supreme Court · 1806

3Cited by12 opinions

  1. Knorr v. RaymondSupreme Court of Georgia · 1885
  2. Dean v. Central Cotton Press Co.Supreme Court of Georgia · 1880
  3. Anderson v. GaileyDistrict Court, N.D. Georgia · 1929
  4. McCLAIN v. StateSupreme Court of Georgia · 2018
  5. Dowell v. United StatesCourt of Appeals for the Fifth Circuit · 1936

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