Beers v. Dawson
Supreme Court of Georgia
Claim, in Muscogee Superior Court. Tried before Judge Alexander, May Term, 1850. This was an issue, formed upon a claim to a negro, interposed by John R. Dawson, as executor of John Crowell, deceased, to a negro boy levied on as the property of one John J. Wilson. The evidence showed that the negro remained in the possession of Wilson about six months after the sale to Crowell, and then went into Crowell’s possession, where he remained until Crow-ell’s death.
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Claim, in Muscogee Superior Court. Tried before Judge Alexander, May Term, 1850. This was an issue, formed upon a claim to a negro, interposed by John R. Dawson, as executor of John Crowell, deceased, to a negro boy levied on as the property of one John J. Wilson. The evidence showed that the negro remained in the possession of Wilson about six months after the sale to Crowell, and then went into Crowell’s possession, where he remained until Crow-ell’s death. The letters testamentary of the claimant were not in evidence. Plaintiff’s counsel requested- the Court to' charge, that it was…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
[1.] John R. Dawson claimed the negro levied on, as the executor of John Crowell, deceased, but failed to offer in evidence his letters testamentary. The Circuit Judge held, that this was unnecessary, and that it was sufficient to show title out of the defendant in execution.
So far as we arc informed, the uniform practice in this State, under our claim laws, has been otherwise. The claimant makes oath that the property levied on is his. The object of this prd*558ceecling is, to enable him to protect his own property from sale, and not the property of…
2Cited by5 opinions
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- Platt v. SchreyerU.S. Circuit Court for the District of Southern New York · 1885
- Roberts v. BoylanSupreme Court of Georgia · 1858