Legal Opinion

Aiken v. Cato

Supreme Court of Georgia

Decided June 15, 1857PublishedCited by 6 opinions

Trover, in Webster Superior Court. Tried before Judge Xiddoo, April Term, 1857. This was an action of trover, brought by William P. Cato, against Elizabeth Aiken, for the recovery of a negro girl earned Patsey. Defendant pleaded the general issue. The case was tried on the appeal.

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Trover, in Webster Superior Court. Tried before Judge Xiddoo, April Term, 1857. This was an action of trover, brought by William P. Cato, against Elizabeth Aiken, for the recovery of a negro girl earned Patsey. Defendant pleaded the general issue. The case was tried on the appeal. Plaintiff introduced Ferdinand S. Saunders, who testified .that in the Spring of 1854, Jacob C. Aiken, then in life, told Mm, at his, Aiken’s mill, that he had given the negro girl Patsey to plaintiff. That in the Fall, he intended to give wife of plaintiff more; that he had only loaned plaintiff the old negro woman…

1Opinion of the Court

*159By the Court. —

Benning, J.

delivering the opinion.

Disposing of the exception to the judgment overruling the motion for a new trial, will be disposing of all the exceptions in the case.

The question, therefore, may be stated to be this, was any one of the grounds of the motion for a new trial a good ground ?

A part of the first of those ¿'grounds, was as follows : “In charging the jury upon the evidence of Saunders as to the sayings of Jacob C. Akin, when he was not in possession of 4he property,” that his sayings was evidence of a gift, but that nothing he afterwards said, could come in to…

2Cited by6 opinions

  1. National Land & Coal Co. v. ZugarSupreme Court of Georgia · 1930
  2. Cowart v. StricklandSupreme Court of Georgia · 1919
  3. McRae v. BoykinCourt of Appeals of Georgia · 1935
  4. Perry v. MulliganSupreme Court of Georgia · 1877
  5. Ficken v. City of AtlantaSupreme Court of Georgia · 1902

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