Mann v. Waters
Supreme Court of Georgia
Possessory Warrant. Tried in Monroe county, at Chambers, on the 3d March, 1860, by Judge Cabaniss. This was a possessory warrant brought by the defendant in error against the plaintiff, for the recovery of certain negroes.
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Possessory Warrant. Tried in Monroe county, at Chambers, on the 3d March, 1860, by Judge Cabaniss. This was a possessory warrant brought by the defendant in error against the plaintiff, for the recovery of certain negroes. The plaintiff introduced in evidence the judgments on two former possessory warrants adjudging these same negroes to her possession, and proved that the negroes were delivered to her by the officer in pursuance of those judgments, one of the judgments covering a portion of the negroes and he other covering the rest. She also proved that the negroes had been in her…
1Opinion of the Court
*209 By the Court.
Stephens, J.,
delivering the opinion.
1. The evidence in this case is sufficient to support two conclusions, either one of which required the Judge to adjudge the possession of these negroes as he did, to Mrs. Waters. One is, that the negroes being in her possession, were enticed out of it by the defendant into his possession; and the other is, that the negroes having been in her recent and peaceably and legally acquired possession, had gone out of it without her consent, and had been taken possession of by Mr. Mann without any legal authority. Under the statute regulating…
2Cited by5 opinions
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- Wadsworth v. OliveCourt of Appeals of Georgia · 1936
- Cook v. HyattCourt of Appeals of Georgia · 1945