Crawford v. Cato

• Decision Date: 30 June 1857
• Docket Number: No. 14.,14.
• Parties: Robert A. Crawford, Adm'r, plaintiff in error. vs. Butt L. Cato, defendant in error.
• Court: Georgia Supreme Court

22 Ga. 594

Robert A. Crawford, Adm'r, plaintiff in error. vs. Butt L. Cato, defendant in error.

No. 14.

Supreme Court of the State of Georgia

JUNE TERM, 1857.

In Equity in Webster Superior Court. Tried before Judge Kiddoo, April Term, 1857.

This bill was filed by Butt L. Cato, against William Johnston, administrator of John A. Lyon, deceased, to enjoin an action at law, and to have certain notes delivered up and cancelled.

The bill states, that in the year 1849, complainant, then a resident of Stewart county, was in possession of a negro man named Henry, whom he had owned for more than seven years, when John A. Lyon of the county of Harris, with three other men, armed, came into the field on complainant's plantation where said negro was at work, and seized and tied him, and was about taking him off. That complainant coming up to where they had said boy confined, Lyon drew hisknife, and having a stick in his hand, and saying he had a revolving pistol in his pocket, swore he would carry said negro off, if complainant did not pay him or secure to him a debt of six hundred dollars which Lyon alleged that Dr. James W. Cato a brother of complainant owed to him. That complainant owed said Lyon nothing, and never had. That in order to release his negro from Lyon\'s custody, and to have his services in the crop, and not being able to get out any legal process to prevent said outrage, before said negro could have been removed out of the county, complainant gave to Lyon with his son John W. Cato, as his security, his three notes, each for two hundred dollars. That said notes were without consideration and obtained thus by threats and violence. That said Lyon had since departed this life, and William Johnson his administrator, had commenced suit upon one of the notes, which had become due. The bill prayed for an injunction to restrain the action at law upon said note, and that that and the two others should be delivered up and cancelled.

The answer of the administrator admitted that suit had been commenced upon the note which with two others the found amongst the papers of his intestate. Knows nothing of the consideration of the notes; supposes they are for a good and valuable consideration; knows nothing, nor has he ever heard anything of the circumstances set forth in complainant's bill.

John S, Thomas, testified that on the—— day of May, 1847, he was at the plantatian of B. L. Cato, in Stewart county; that John A. Lyon, and two other men came there, and Lyon seized a negro man who was at work in the field; and tied him; that soon after Cato came up and asked Lyon what he was doing; he replied with an oath, that he would carry off that negro, if Cato did not pay him $600. Cato asked him if he owed him any money; Lyon replied that Dr. James W. Cato owed him $600, and he believed Dr. Cato got the money for him, B. L. Cato; and he swore he would take offthe negro if B. L. Cato did not pay or secure to him the 8600. Lyon had a stick in one hand and a knife in the other, and said he had as good a pistol as ever fired, and he would carry off that negro or die, if Cato did not pay or secure to him the $600, which Dr. Cato owed him; Cato frequently said to Lyon, "you know I do not owe you a dollar." Lyon would reply: "I believe Dr. Cato got the money for you, etc." That the others who were with Lyon each had a stick; that finally, rather than lose his negro, Cato agreed to give his notes for the $600, which he did. Lyon and his associates, lived in Harris county, Georgia. Did not hear Lyon claim the negro as his property.

The testimony of the witness, Thomas, was fully sustained by James Cato, a witness, who was ploughing in the field at the time, and that B. L. Cato had had the negro since 1842.

John W Winston, testified, that he lived with Lyon in 1841, as an overseer, knew the negro boy in dispute; about the time said boy disappeared from the plantation of Lyon, saw white men lurking about; next time the boy was heard of, was in possession of complainant in Stewart county. The negro was in possession of Lyon but a short time in 1841..

John J. Kelly, testified, that he knew the parties, and the boy in dispute; knew him in Lyon's possession a short time in 1841; and in 1849: He was called on by Lyon to go with him to Stewart county, for the purpose of getting the boy, who Lyon said, Cato was harboring; went with him, with some other persons, neighbors of Lyon, who were requested to go with them to Cato's, where they found the boy. Went to the field where the boy was: Lyon took the boy and tied him; Cato came up and wanted to know what he meant. Lyon swore he was going to take his negro home, unless Cato would pay him for him. The matter was adjusted by giving the notes, now in controversy, no one was armed as witness knew. Cato drew out his knife and cut the boyloose; Lyon then drew his knife; he had a stick and swore he would take the negro off, if Cato did not pay him $600.

William D. Cobb, a grand juror, on former trial, testified, that Byar, then dead, testified, on the former trial, that he was employed by Lyon to bring trover against Cato for said negro, and that he had in his possession a bill of sale to said boy, which was lost or destroyed, that he could not produce it. Lyon was a man of considerable property, and lived in Harris county. Affidavit of administrator was received, laying the foundation for secondary evidence as to the bill of sale, and notice to produce.

Defendant then read in evidence the notes, and the testimony closed.

The presiding Judge charged the jury, that if they believed the notes were given under duress, then they were void, if not, then defendant was entitled to...