Legal Opinion

Bryan v. Walton

Supreme Court of Georgia

Decided August 15, 1853No. 28PublishedCited by 23 opinions

Trover, in Houston Superior Court. Tried before Judge Powers, April Term, 1853. This was an action brought by Hugh Walton, as administrator of Joseph Nunez, a free person of color, who died without descendants, to recover possession of certain negroes, now in possession of Seaborn C. Bryan; but charged to belong to the estate of said Nunez.

Read the full summary

Trover, in Houston Superior Court. Tried before Judge Powers, April Term, 1853. This was an action brought by Hugh Walton, as administrator of Joseph Nunez, a free person of color, who died without descendants, to recover possession of certain negroes, now in possession of Seaborn C. Bryan; but charged to belong to the estate of said Nunez. The following points arose upon the testimony in the case : The plaintiff having served defendant with notice to produce the will of James Nunez, the father of Joseph, under which he claimed title to the negroes of Joseph, the defendant objected to…

1Opinion of the Court

By the Court.

Lumpkin, J.,

delivering the opinion.

[1.] The first error complained of in the record, is the decision of the Court, admitting that portion of the testimony of Joseph Bush, which went to show that Alexander M. Urquhart was the guardian of Joseph Nunez, at the time of the donation by the latter to the former.

The ajipointment of a guardian for a free person of color, is necessarily a matter of record. It has to be done by the Judge of the Superior, or the Justices of the Inferior Courts, of the respective counties of this State, at a regular term of said Courts, and upon the written…

2Cases cited2 opinions

  1. Jacob v. United StatesU.S. Circuit Court for the District of Eastern Virginia · 1821
  2. Williams v. ChapmanSupreme Court of Georgia · 1849

3Cited by23 opinions

  1. Guardianship of Di CarloCalifornia Supreme Court · 1935
  2. Estill v. Citizens & Southern BankSupreme Court of Georgia · 1922
  3. Bowers v. DolanSupreme Court of Georgia · 1939
  4. Sturkie v. SkinnerSupreme Court of Georgia · 1958
  5. Warren v. Federal Land BankSupreme Court of Georgia · 1924

18 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API