Starnes v. Quin
Supreme Court of Georgia
Trover, in Telfair Superior Court. Tried before Judge Scarborough. The plaintiffs, as attorneys at law, entered into an agreement with one W. Rogers, attorney in fact for Samuel Brinson, to sue for certain negroes, in the possession of one James Chaney, of Montgomery County, in consideration that they should receive one half of the recovery.
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Trover, in Telfair Superior Court. Tried before Judge Scarborough. The plaintiffs, as attorneys at law, entered into an agreement with one W. Rogers, attorney in fact for Samuel Brinson, to sue for certain negroes, in the possession of one James Chaney, of Montgomery County, in consideration that they should receive one half of the recovery. Rogers, in settlement of the case, received of Chaney, three negroes — Harriet and two children — and sold them to the defendant, Calvin Quin. The plaintiffs brought trover against Quin, to recover the negroes; and upon these facts, the Court charged the…
1Opinion of the Court
By the Court.
Nisbet, J.
delivering the opinion.
The presiding Judge in this case, instructed the Jury, that if they believed that the evidence showed - a tenancy in common, between the plaintiffs and another, that they should find for the defendant. Meaning to say, no doubt, that one of two or more tenants in common, could not maintain trover -against a stranger, for the common property. He also instructed the Jury, that if they believed that the evidence showed a tenancy in common, between the plaintiffs and the defendant, that they should find for defendant. Meaning, no doubt, that one tenant…
2Cases cited7 opinions
- Mitchell v. HazenSupreme Court of Connecticut · 1823
- Griswold v. JohnsonSupreme Court of Connecticut · 1824
- Bradish v. SchenckNew York Supreme Court · 1811
- Rich v. PenfieldNew York Supreme Court · 1828
- Thompson v. HoskinsMassachusetts Supreme Judicial Court · 1814
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Bank of Oglethorpe v. BrooksCourt of Appeals of Georgia · 1924
- Ellis, McKinnon & Brown v. HoppsCourt of Appeals of Georgia · 1923
- King v. NeelSupreme Court of Georgia · 1896
- Hale v. HaleCourt of Appeals of Georgia · 1922
- Motor Aid Inc. v. RayCourt of Appeals of Georgia · 1936
5 more not listed; retrieve them via the Exa API.