Sharman v. Jackson
Supreme Court of Georgia
Trover, in Upson Superior Court. Decision by Judge Cabaniss, November, 1859. This was an action of trover brought by Thomas S. Sharman, as administrator of Matilda C. Sharman, deceased, against Winfield S. Jackson, for the recovery of certain negroes contained in the following deed of gift, and upon which plaintiff alone relied in support of his title, viz: “ GEORGIA — Monroe County : “ Know all men by these presents, that I, Elizabeth Tankersly of said county, in…
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Trover, in Upson Superior Court. Decision by Judge Cabaniss, November, 1859. This was an action of trover brought by Thomas S. Sharman, as administrator of Matilda C. Sharman, deceased, against Winfield S. Jackson, for the recovery of certain negroes contained in the following deed of gift, and upon which plaintiff alone relied in support of his title, viz: “ GEORGIA — Monroe County : “ Know all men by these presents, that I, Elizabeth Tankersly of said county, in consideration of natural love and affection, which I have for, and bear for my son, William F. Jackson, have this day given to him…
1Opinion of the Court
By the Court.
Lyon, J.,
delivering the opinion.
Three points arise in the construction of this deed. 1st. Whether by its,-terms an estate tail is created. 2d. Is the remainder a vested or contingent one ? 3d. Who will take under the limitation to the heirs of the body ?
1. As to the first, we consider it well established, that although these words, “heirs of the body,” do, prima facie import an estate tail, yet in the language of Lord Hardwick, Hodgson vs. Russey, 2 Atk., 89, “ the general run of cases makes this plain, that notwithstanding they sound like words of limitation, yet upon…
2Cases cited1 opinion
- Kemp v. DanielSupreme Court of Georgia · 1850
3Cited by17 opinions
- Sumpter v. CarterSupreme Court of Georgia · 1902
- Hertz v. AbrahamsSupreme Court of Georgia · 1900
- Ætna Life Insurance v. HoppinIllinois Supreme Court · 1911
- Maclean v. WilliamsSupreme Court of Georgia · 1902
- Lumpkin v. PattersonSupreme Court of Georgia · 1930
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