Rutledge v. Montgomery
| Decision Date | 30 June 1860 |
| Citation | 30 Ga. 899 |
| Parties | RUTLEDGE. v. MONTGOMERY et al. |
| Court | Georgia Supreme Court |
Trover, in Talbot Superior Court. Tried before Judge Worrill, at March Term, 1860.
This was an action of trover, brought by Telemachus F. Montgomery and wife, and Abner Turner, Raliegh H. Turner, Ann Eliza Turner, Thomas B. Turner, Ada V. Turner and William V. Turner, infants within the age of 21 years, by Thomas B. Turner, their guardian, against Thomas J. Rutledge, in Talbot Superior Court, for certain negroes.
The plaintiff introduced said Thomas B. Turner and his wife as witnesses, whereupon defendant objected upon the ground, that said Turner and wife were incompetent witnesses, on the ground of interest; whereupon, the said Thomas B. Turner arranged the costs satisfactorily with the clerk, and thereupon the Court admitted them to testify; whereupon, the defendant excepted and assigned said decision as error.
The said Thomas B. Turner testified: That before he delivered the negroes mentioned and sued for, he made a deed whereby he gave said negroes to the wife of said defendant, who was the daughter of said Thomas B., for life, and after her death without children, to the other plaintiffs; that defendant's wife was dead; that said deed was written and attested by the witnesses; thinks that he stated to said witnesses that he had settled said property upon his daughter, and nothing more; that he never delivered said deed, or informed any one of the same until after the death of the wife of said Rutledge, and that he would not let Mrs. Rutledge have the deed; that the negroes were delivered to said Rutledge shortly after his marriage with the daughter of said witness.
Mary Turner testified: That she was the wife of Thomas B. Turner, and she informed said Rutledge before his marriage with the daughter of witness, that all the property which they give him would be settled on his wife.
The Court held, that if these facts were true, the same amounted to a delivery—whereupon, the defendant excepted and assigned the same for error.
Willis & Willis, M. Bethune, Johnson & Sloan, for plaintiff in error.
Wm. Dougherty and Levi B. Smith, contra.
By the Court.—Stephens, J., delivering the opinion.
Dr. Turner, being the original owner of the negroes, by delivering them to his daughter's husband soon after her marriage, without using any words to negative the idea of a gift, passed a good title to the son-in-law, unless he had previously divested his own title by the...
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Dobbs v. First Nat. Bank Of Atlanta
...an early decision on the subject and was thoroughly considered. Delivery may be by words without acts or by acts without words. Rutledge v. Montgomery, 30 Ga. 899. Should the grantor not part with dominion, it is no delivery. Beardsley et al. v. Hilson, 94 Ga. 50, 20 S.E. 272; Buffington v.......
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Lancaster v. Elliott
...Johnson v. Farley, 45 N.H. 505; Renard v. Walker, 39 Ill. 413; Cook v. Brown, 34 N.H. 460; Canfield v. Ives, 18 Pick. 253; Rutledge v. Montgomery, 30 Ga. 899. Moreover, must be an acceptance of the delivery, express or implied. Johnson v. Farley, 45 N.H. 505; Curtis v. Gorman, 19 Ill. 141; ......
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Dobbs v. First Nat. Bank of Atlanta
...an early decision on the subject and was thoroughly considered. Delivery may be by words without acts or by acts without words. Rutledge v. Montgomery, 30 Ga. 899. the grantor not part with dominion, it is no delivery. Beardsley et al. v. Hilson, 94 Ga. 50, 20 S.E. 272; Buffington v. Thomps......
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American Central Fire Insurance Co. v. Arndt
...affirmed. G. M. Gibson and H. L. Ponder, for appellant. 1. The property was sold and deed delivered before the fire. 13 Cyc. 560-1; 30 Ga. 899; 108 Ill. 366; 95 N.W. 213; 3 Tenn. 547; 50 Am. Rep. 511; 40 Id. 212; 70 L. R. A. 105; 27 Am. St. 342; 56 Am. Dec. 439; 3 L. R. A. 301; 2 Greenl. on......