Daniel v. Veal
Supreme Court of Georgia
Claim, in Madison Superior Court. Tried before Judge Thomas W. Thomas, at the March Term, 1861. The questions presented for adjudication by the record in this case, grow out of the state of facts following, to-wit: Some time prior- to the year 1854, James Daniel was in possession of a negro girl by the name of Jin, which negro girl, then very young, afterwards went into the possession of Sarah H. Veal.
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Claim, in Madison Superior Court. Tried before Judge Thomas W. Thomas, at the March Term, 1861. The questions presented for adjudication by the record in this case, grow out of the state of facts following, to-wit: Some time prior- to the year 1854, James Daniel was in possession of a negro girl by the name of Jin, which negro girl, then very young, afterwards went into the possession of Sarah H. Veal. On the 26th of December, 1854, James Daniel executed and delivered to Sarah H. Veal a paper in writing, of which the following is a copy: “ STATE OF GEORGIA—Madisow Govnty. “ I, James Daniel,…
1Opinion of the Court
By the Court.
Jenkies, J.,
delivering the opinion.
The first question presented for our consideration in this case, by counsel for plaintiffs in error, is, that the instrument of writing relied upon by the claimant, is a testamentary paper and not a deed, and therefore not admissible in evidence as a muniment of title until admitted to probate as a will in the Court of Ordinary.
It is very true that the character of an instrument does not at all depend upon its form, nor does the fact that the maker called it a deed, or that he believed it to be a deed, or that he delivered it, and caused it to…
2Cited by10 opinions
- Price v. GrossSupreme Court of Georgia · 1918
- Wynn v. WynnSupreme Court of Georgia · 1900
- Smith v. SmithSupreme Court of Virginia · 1911
- Shelton v. EdenfieldSupreme Court of Georgia · 1918
- Montgomery v. ReevesSupreme Court of Georgia · 1929
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