Georgia, Supreme Court, Macon : Slade and Slade v Street, administrator of Street, January 1859 [printed].
- Published
- Georgia : Supreme Court, 1859.
- Physical Description
- 1 online resource
- Additional Creators
- Adam Matthew Digital (Firm) and Georgia Archives
Access Online
- Series
- Summary
- John J Street filed this bill against the Slades alleging the following facts. In 1846 William Slade died in Dooly county, leaving his will, which was then propounded by Jeremiah Slade, one of the executors. A caveat was filed to the will on the grounds than in it an attempt was made to manumit slaves. The court of ordinary sustained the caveat and granted letters of administration to the testator's son, William Slade. The executor appealed the Superior Court; pending this appeal the courthouse burned down, taking with it all the papers in the case apart from the will. The Slades then fraudulently agreed that Jeremiah, for a certain consideration, would not prosecute his appeal. Ann Street, the complainant's intestate, was at the time of the probate a minor in North Carolina and was not aware that she was a devisee under the will until shortly before her death in 1852; it was alleged that the fact of her benefiting from a devise of the testator's land had been concealed from her and that neither she nor her administrator had never received anything under it, the plots of land devised to her being instead sold by the Slades for their own profit. The bill prayed that the Slades produce a true copy of the will, that William Slade's administration be revoked and that the land or its value be conveyed to John Street. The Slades demurred to the bill on the grounds that a court of equity had no jurisdiction in the matter; this demurrer was overruled by the court and the Slades excepted. The Supreme Court reversed the lower court's decision, ruling that the complainants could hope to achieve nothing in a court of equity that they could not hope to achieve in a court of ordinary and therefore that the court of equity had no jurisdiction in the case.
- Subject(s)
- Other Subject(s)
- Reproduction Note
- Electronic reproduction. Marlborough, Wiltshire : Adam Matthew Digital, 2007. Digitized from a copy held by the Georgia Archives.
- Location of Originals
- Georgia Archives
- Copyright Note
- Material sourced from the Georgia Archives
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