Settle v. Alison
Supreme Court of Georgia
Trover and conversion, in Monroe Superior Court. Decision by Judge Floyd, at September Term, 1849. This action was brought by the children of Reuben M. Rainey and Catharine, his wife, formerly Catharine Cleaton, for a slave, Minerva, (and her issue,) that was sold by said Reuben M. to John M. Settle, alleging that said Minerva did not then belong to said Reuben M.; that they had been only lent to his wife, Catharine, during life, and after her death, by the will of…
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Trover and conversion, in Monroe Superior Court. Decision by Judge Floyd, at September Term, 1849. This action was brought by the children of Reuben M. Rainey and Catharine, his wife, formerly Catharine Cleaton, for a slave, Minerva, (and her issue,) that was sold by said Reuben M. to John M. Settle, alleging that said Minerva did not then belong to said Reuben M.; that they had been only lent to his wife, Catharine, during life, and after her death, by the will of Catharine’s father, Thomas Cleaton, of Virginia, wore to bo equally divided between her children, Catharine had died before suit.…
1Opinion of the Court
By the Court.
Warner, J.
delivering the opinion.
On the trial of this cause in the Court below, several exceptions were taken to the decision of the Court, which will be noticed in the order the same appear on the record.
[1.] First, the plaintiff below offered in evidence, a paper purporting to be a certified copy of the last will and testament of Thomas Cleaton, of Mecklenburg County, State of Virginia, which was objected to by defendant, on the ground that there was no copy of the probate of the will; which objection was overruled, and the paper admitted in evidence.
The County Clerk of…
2Cases cited2 opinions
- Jackson ex dem. Bowman v. ChristmanNew York Supreme Court · 1830
- Watts v. KilburnSupreme Court of Georgia · 1849
3Cited by24 opinions
- Melton v. CommonwealthSupreme Court of Virginia · 1922
- Rieves v. SmithSupreme Court of Georgia · 1937
- State v. WilliamsWest Virginia Supreme Court · 1878
- McVicker v. ConkleSupreme Court of Georgia · 1895
- Davis v. Central RailroadSupreme Court of Georgia · 1878
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