Booker v. Booker
Supreme Court of Georgia
In Equity, in Wilkes Superior Court. Decision by Judge James Thomas, September Term, 1856. g. This was a bill filed by James J. Booker and others to perpetuate the testimony of one Moses Sutton, an aged man, and of infirm health, laboring under two diseases, viz: consumption and dyspepsia; as to the value of the hire and other things in reference to a certain slave for which the complainants intended to bring suit against the executors of R. Booker; ■but which suit could not…
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In Equity, in Wilkes Superior Court. Decision by Judge James Thomas, September Term, 1856. g. This was a bill filed by James J. Booker and others to perpetuate the testimony of one Moses Sutton, an aged man, and of infirm health, laboring under two diseases, viz: consumption and dyspepsia; as to the value of the hire and other things in reference to a certain slave for which the complainants intended to bring suit against the executors of R. Booker; ■but which suit could not be brought, because 12 months had not expired since the death of R. Booker. To this bill a demurrer was filed. 1st.…
1Opinion of the Court
*779 By the Court.
McDonald, J.
delivering the opinion.
The bill in this case was filed to perpetuate the testimony of Moses Sutton. The prayer is, that the testimony may be taken cle bene esse. The complainants allege in their bill that they are about to file a bill in Equity against the defendants, as the executors of' Richardson Booker, deceased, for an account of a certain slave and other property held by the testator in his lifetime, the property of the complainants, and the profits and income arising from the hire and labour of the slave and other property ; that the testator, in his lifetime,…
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