Scott v. Winship
Supreme Court of Georgia
Claim, in Ribb. Tried before Judge Powers, May Term, 1856. Isaac Winsbip having obtained a judgment against William B. Scott, at tbeNov. Term, 1854, of Bibb Superior Court, Subsequently caused a ft. fa. founded tbereon to be levied on two slaves, as the property of tbe defendant.
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Claim, in Ribb. Tried before Judge Powers, May Term, 1856. Isaac Winsbip having obtained a judgment against William B. Scott, at tbeNov. Term, 1854, of Bibb Superior Court, Subsequently caused a ft. fa. founded tbereon to be levied on two slaves, as the property of tbe defendant. A claim having been interposed by Eliza J. Scott to the property levied on, an issue was formed, and upon tbe trial, tbe plaintiff in fi. fa.- introduced proof as follows: Tbe ft. fa. above mentioned being for principal debt, $660, and tbe levy tbereon. An agreement, signed by claimant’s Counsel, admitting that the…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
The fundamental fact which lies at the bottom of this case, *436and which is worth more than all others in such cases is, that there was, ex coneesso, a consideration for this transaction. It is not pretended but that the annuity of $287 50 was owing by William B. Scott to his mother ; and there is no proof or attempt at proof that it has ever been paid.
If the negroes — bought of her son to extinguish this annuity — were more than it was worth, let the creditors stipulate for its payment, take the property or obtain a decree in Equity to re-sell the…
2Cited by6 opinions
- Strickland v. DavisSupreme Court of Georgia · 1937
- Scruggs v. Blackshear Manufacturing Co.Court of Appeals of Georgia · 1932
- Nolley v. ElliottCourt of Appeals of Georgia · 1935
- Dreyer v. KicklighterDistrict Court, S.D. Georgia · 1916
- Holt v. DanielCourt of Appeals of Georgia · 1933
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