Toomer v. Dickerson
Supreme Court of Georgia
Demurrer. - Decided by Judge Flemming. Chatham Superior Court. May Term, 1867. On the 25th day of June, A. D., 1866, in the County Court of said county, Henry L. Toomer commenced his statutory action against John F. Tucker and Henry J. Dickerson, on their bond for the penal sum of one hundred and seven thousand, three hundred dollars ($107,300,) which, at the trial term, was transferred by consent of parties to. the appeal docket of the Superior Court.
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Demurrer. - Decided by Judge Flemming. Chatham Superior Court. May Term, 1867. On the 25th day of June, A. D., 1866, in the County Court of said county, Henry L. Toomer commenced his statutory action against John F. Tucker and Henry J. Dickerson, on their bond for the penal sum of one hundred and seven thousand, three hundred dollars ($107,300,) which, at the trial term, was transferred by consent of parties to. the appeal docket of the Superior Court. When the cause came up for trial, the defendants having pleaded separately, the plaintiff moved the Court to strike out all the said pleas…
1Opinion of the CourtWarner, C. J.
The only question presented, by the record in this case, for our consideration and judgment, is whether Dickerson, the security upon the bond of Tucker, the principal debtor, is discharged from the payment of the debt to the creditor, by reason of the failure of the latter to record his mortgage upon the negro slaves when removed into this State, as required by the laws thereof. The creditor, it- appears, took a mortgage upon ninety-one slaves to secure the payment of his debt, and also took personal security for the payment thereof. The mortgage upon the slaves was executed and recorded in…
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