Oglesby v. Hall
Supreme Court of Georgia
In Equity, in Elbert Superior Court. Decision by Judge Thomas, at March Term, 1860. This was a bill filed by James C. Hall, against James Oglesby and Sarah Oglesby, his wife, the statements of which are substantially as follows: That on the 20th August, 1858, the said James Oglesby executed and delivered to complainant his certain deed, whereby he gave and conveyed and delivered to complainant a negro woman named Mary, and her four children, together with their future…
Read the full summary
In Equity, in Elbert Superior Court. Decision by Judge Thomas, at March Term, 1860. This was a bill filed by James C. Hall, against James Oglesby and Sarah Oglesby, his wife, the statements of which are substantially as follows: That on the 20th August, 1858, the said James Oglesby executed and delivered to complainant his certain deed, whereby he gave and conveyed and delivered to complainant a negro woman named Mary, and her four children, together with their future increase, in trust, to hold the same for the joint use of the said James Oglesby, and Sarah,' his wife, for and during their…
1Opinion of the Court
By the Court.
Lyon, J.,
delivering the opinion.
The equity of the bill, if it has any, rests on a paper signed by James Oglesby, without a seal, purporting to give and deliver the negroes in controversy to him, in consideration of love and affection. There never was, in fact, any delivery of the negroes. There was not only no consideration in fact, but that expressed in the deed shows that the deed was without consideration to support it. It is not stated in the bill that the negroes belonged to James Oglesby, or that he had any right to convey them. The answers show that James Oglesby had no…
2Cited by2 opinions
- Georgia Railroad & Banking Co. v. TiceSupreme Court of Georgia · 1905
- Gorman v. WoodSupreme Court of Georgia · 1882