Watts v. Kilburn
Supreme Court of Georgia
Levy and Claim, in Merriwether Superior Court. Tried February Term, 1849, before Judge Hill. Daniel Turrentine being in failing circumstances, either pending the suit, or after judgment against him, in favor of Joseph R. Kilburn, in Merriwether Superior Court, clandestinely removed his property, consisting of negroes, to the State of Alabama, where he sold them to Seaborn B. Watts, who purchased with a full knowledge of the facts stated, and the fraudulent intention of…
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Levy and Claim, in Merriwether Superior Court. Tried February Term, 1849, before Judge Hill. Daniel Turrentine being in failing circumstances, either pending the suit, or after judgment against him, in favor of Joseph R. Kilburn, in Merriwether Superior Court, clandestinely removed his property, consisting of negroes, to the State of Alabama, where he sold them to Seaborn B. Watts, who purchased with a full knowledge of the facts stated, and the fraudulent intention of Turrentine to avoid the payment of his debts. Watts subsequently brought three of the negroes back to the State of Georgia ;…
1Opinion of the Court
By the Court. —
Lumpkin, J.
delivering the opinion.
[1.] The first error complained of in this case is, that the Court permitted a bill of sale to personal property to be read in evidence to the Jury, by proving the hand writing of the party making it, without proof that the subscribing witness could not be produced, or his hand writing established; this being held unnecessary, as the witness made his mark, and resided, at the time of the trial, in the State of Mississippi.
The general rule on this subject is, that if there be an attesting witness to an instrument, his evidence is the best, and…
2Cases cited4 opinions
- Ogden v. SaundersSupreme Court of the United States · 1827
- Harrison v. SterrySupreme Court of the United States · 1809
- Homer v. WallisMassachusetts Supreme Judicial Court · 1814
- Clark v. SandersonSupreme Court of Pennsylvania · 1810
3Cited by8 opinions
- In Re the Probate of the Will of HopkinsNew York Court of Appeals · 1902
- Campbell v. AllenSupreme Court of Georgia · 1951
- Settle v. AlisonSupreme Court of Georgia · 1850
- In Re Estate of AstolasMichigan Supreme Court · 1935
- Jones v. HoughSupreme Court of Alabama · 1884
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