Horn v. Gartman
Supreme Court of Florida
This was an. action of trover, for the conversion of negro man Will, commenced in the Superior Court for Walton county, in 1841, and tried at its Spring Term, 1845, when there was a verdict and judgment for plaintiff; from which defendants appealed. Pleas, general issue, and statute of limitations.
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This was an. action of trover, for the conversion of negro man Will, commenced in the Superior Court for Walton county, in 1841, and tried at its Spring Term, 1845, when there was a verdict and judgment for plaintiff; from which defendants appealed. Pleas, general issue, and statute of limitations. On the trial, plaintiff gave in evidence an instrument, purporting to be a deed of gift to him, from Joab Horn — the father of Eli Horn, one of the defendants — and on which his claim is founded. This instrument, or deed of gift, was, on the trial, produced by the defendants, under a notice from…
1Opinion of the Court
Baltzell, Justice:
The right of recovery of Gartman, the plaintiff, in the Court below, depends upon the legal effect and construction of an instrument of writing, in these words :
TERRITORY 03? FLORIDA, > Walton County. \
Know all men by these presents, that I, Joab Horn, of the Territory and county aforesaid, being in sound mind and perfect memory, are mindful this day to make a distribution of my property to my different children, to wit: David Gartman ; that for the natural love and affection which I bear towards him, and my deceased daughter, Drucilla, and the heirs of her body. In the…
2Cases cited1 opinion
- Games v. Stiles Ex Dem. DunnSupreme Court of the United States · 1840
3Cited by13 opinions
- Hoodless v. JerniganSupreme Court of Florida · 1903
- Reid v. BarrySupreme Court of Florida · 1927
- Driscoll v. DriscollCalifornia Supreme Court · 1904
- Sammis v. JamesSupreme Court of Florida · 1893
- Clements v. StateSupreme Court of Florida · 1906
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