Cobb v. Megrath & Patterson
Supreme Court of Georgia
Possessory Warrant. Certiorari from County-Court. Decided by Judge Clarke. Eandolph County. November, 1867. The bill of exceptions and evidence therein, (there is no record) makes the following case: Cobb sued out a possessory warrant against Megrath & Patterson, before the Judge of the County-Court, for a bale of cotton.
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Possessory Warrant. Certiorari from County-Court. Decided by Judge Clarke. Eandolph County. November, 1867. The bill of exceptions and evidence therein, (there is no record) makes the following case: Cobb sued out a possessory warrant against Megrath & Patterson, before the Judge of the County-Court, for a bale of cotton. On the trial, E. E. Swepson (plaintiff’s agent, who had taken the warrant as such) testified, that he held claims for said firm, against J. L. Varner, and that he went to Varner’s plantation on the 28th October, and Varner turned over to him, as part .payment of said claims,…
1Opinion of the CourtWalker, J.
The bale of cotton in controversy, was raised by, and was in the possession of J. L. Varner, and the weight of the evidence shows that he retained possession of it until he delivered it to Cobb. It is true that Swepson, the agent of Megrath & Patterson, says that Varner “turned over” to him the bale of cotton in part payment of a claim, “ and further agreed to send said bale of cotton to Cuthbert to the stable yard of C. A. Boynton.” This shows that the possession of the cotton remained with Varner, and by his order the negro delivered it to Cobb. The question .of title cannot be tried in…
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