Harwell v. Fitts
Supreme Court of Georgia
Case, &c. in Putnam Superior Court. Tried'before Judge Hardeman, September Term, 1856. This was ail action brought hy John B. Fitts, as Sheriff, for the use of sundry plaintiffs in ji. fas. against one" W. .G. Lee, for the recovery of the purchase money of certain negroes sold as the property of defendant in fi. fa. It appeared that the negroes were mortgaged to Harwell & Callaway. These mortgages were foreclosed prior to tho sale.
Read the full summary
Case, &c. in Putnam Superior Court. Tried'before Judge Hardeman, September Term, 1856. This was ail action brought hy John B. Fitts, as Sheriff, for the use of sundry plaintiffs in ji. fas. against one" W. .G. Lee, for the recovery of the purchase money of certain negroes sold as the property of defendant in fi. fa. It appeared that the negroes were mortgaged to Harwell & Callaway. These mortgages were foreclosed prior to tho sale. The negroes were sold under general judgments, and at the sale Harwell & Callaway gave notice to the bidders of their mortgages. They bought the negroes for…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
[1.] Was the Court right in refusing to charge the Jury, upon the proof in this case, that if they believed the plaintiff executed the bill of sale to the defendants, acknowledging upon its face the receipt of the purchase money from them, he is estopped from denying it ?
Whether the recital in a deed of conveyance of the payment of the consideration money falls within the rule by which the party is estopped to deny it, or belongs to the exceptions, and is, therefore, open to opposing or explanatory proof, is a vexed question in the books. The…
2Cases cited5 opinions
- M'Crea v. PurmortCourt for the Trial of Impeachments and Correction of Errors · 1836
- Wilkinson v. ScottMassachusetts Supreme Judicial Court · 1821
- Belden v. SeymourSupreme Court of Connecticut · 1831
- Shephard v. LittleNew York Supreme Court · 1817
- Mead v. StegerSupreme Court of Alabama · 1837
3Cited by9 opinions
- Hester v. GairdnerSupreme Court of Georgia · 1907
- Fletcher v. HorneSupreme Court of Georgia · 1886
- Devaughn v. ByromSupreme Court of Georgia · 1900
- Smith v. BowneSupreme Court of Georgia · 1878
- Martin v. GordonSupreme Court of Georgia · 1858
4 more not listed; retrieve them via the Exa API.