Lockett v. Mims
Supreme Court of Georgia
Complaint, in Bibb Superior Court. Tried before Judge Lamar, at November Term, 1858. This was au action by Needham Mims against Abner M. Lockett, for the recovery of six or seven negroes, which the «declaration alleged were the property of plaintiff, and in defendant’s possession, &c. It appeared that Lockett married a daughter of plaintiff, ■and sometime thereafter, about 1850, the negroes went or ■came into the possession of Lockett, and had remained there ever since.
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Complaint, in Bibb Superior Court. Tried before Judge Lamar, at November Term, 1858. This was au action by Needham Mims against Abner M. Lockett, for the recovery of six or seven negroes, which the «declaration alleged were the property of plaintiff, and in defendant’s possession, &c. It appeared that Lockett married a daughter of plaintiff, ■and sometime thereafter, about 1850, the negroes went or ■came into the possession of Lockett, and had remained there ever since. Plaintiff alleges that they were only loaned to defendant. Defendant claims that they were absolutely given to him. The…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
[1 and 2.] YVe see no error in refusing a new trial on the first and second grounds in the motion. If it be proven that the general plan of a parent is to loan, and not give slaves to his children when they marry or settle in life, it tends to rebut the presumption of a gift, arising from the fact, that certain negroes were permited to go into the possession of a daughter upon her intermarriage, or at some subsequent *210time. Here it is not pretended that a formal gift was made of the negroes.
Not Allowing parol proof to be made, that he had given…
2Cited by4 opinions
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