Clayton v. Thompson
Supreme Court of Georgia
In Equity, in Houston Superior Court. Tried before Judge Irwin, presiding for Judge Powers. November Term, 1852. Philip A. Clayton, as trustee of Aurelia E. Rives, wife of John T. Rives, in 1849, commenced an action of trover, in Houston Superior Court, against Asa E. Thompson, for the recovery of certain slaves.
Read the full summary
In Equity, in Houston Superior Court. Tried before Judge Irwin, presiding for Judge Powers. November Term, 1852. Philip A. Clayton, as trustee of Aurelia E. Rives, wife of John T. Rives, in 1849, commenced an action of trover, in Houston Superior Court, against Asa E. Thompson, for the recovery of certain slaves. Pending said action, Clayton, as trustee, and Mrs. Rives, filed their bill in Equity, against Thompson and Rives, alleging that in 1837, Rives executed a conveyance in trust, to Clayton, by which he settled certain slaves upon his wife, Mrs. Amelia Rives, for and during her life, and…
1Opinion of the Court
By the Court.
Nisbet, J.
delivering the opinion.
[1.] The only question for decision in this case, is whether the answer of one of the defendants, Rives, under the circumstances, ought to have been admitted in evidence against the other. It is very well settled, that as a general rule, the answer of one of two or more defendants in Equity, cannot be read to charge the other.
[2.] To the rule however, there are exceptions. The exceptions go mainly upon the ground of admissions. Where the admissions of one defendant are admissible against his co-defendant, there also his answer is admissible — as…
2Cases cited1 opinion
- Field v. HollandSupreme Court of the United States · 1810
3Cited by3 opinions
- Hickson v. BryanSupreme Court of Georgia · 1885
- Cade v. HatcherSupreme Court of Georgia · 1884
- Hickson v. BryanSupreme Court of Georgia · 1885