Wife v. Thornton
| Decision Date | 31 May 1860 |
| Citation | 30 Ga. 361 |
| Parties | BLACK AND WIFE et al. v. THORNTON. |
| Court | Georgia Supreme Court |
Trover, in Elbert Superior Court. Tried before Judge Thomas, at March Term, 1860.
This was an action brought by Lemuel Black and his wife, and Willis Scroggins and his wife, against William T. Thornton, to recover damages for the alleged conversion of certain slaves.
On the trial of the case, the following testimony was adduced:
Evidence for Plaintiffs.
Ira H. Cleveland testified, under a commission, in answer to interrogatories: That he had seen the paper attachedto the interrogatories—a deed of gift from Daniel Thornton to Martha E. Thornton and Priscilla H. Thornton, dated 17th day of November, 1838; that it was signed by Daniel Thornton, in presence of himself and Elijah Jones for the purpose specified in the deed, and they signed it as witnesses all at the same time; it was made for the purpose named in the deed; Joseph Blackwell drew the deed; did: not recollect who inserted the 17th day of the month; the deed was signed on the day it bears date, by Daniel Thornton; no one else was present but the maker, Daniel Thornton, the witnesses, Cleveland and Jones; it was done at Daniel Thornton\'s blacksmith, shop; heard Reuben Thornton say, in conversation with witness, between witness\' residence and Elberton, that he had heard of the deed of gift, and wanted the matter settled in the lifetime of Sallie Thornton (Daniel Thornton\'s widow); this was several years before her death; the deed was not delivered at the time it was made.
The marriage of plaintiffs, Willis Scroggins with Martha Scroggins (formerly Martha E. Thornton), was admitted.
Thomas J. Heard was sworn for plaintiffs and said: I know the paper shown to me, being the deed of gift; it is the same Mrs. Sarah Thornton gave to me to have recorded in the year 1845, prior to August, according to my best impressions; her husband was then living; Wm. D. Thornton, the husband of Sarah, is reported to be dead, but I don't recollect the time; Sarah Thornton is the mother of Priscilla and Martha Thornton.
The deed of gift, of which the following is a copy, was then read to the jury:
John Adams sworn, said: Knows a negro woman named Ann, in the possession of Reuben Thornton, in his lifetime; I asked Reuben if he knew these children had a deed of gift to these negroes? he said, "Yes;" I said you will lose them; he said, "Never, in my lifetime;" this conversation was in 1847, '48 or '49; he did not communicate to me how long he had known of the deed of gift; he said he knew at the time he bought them of this deed of gift; I asked him if he knew of this deed of gift at the time he bought them? he said, "Yes;" he named Ann and her children; she had children, Sina and Seaborn; knows the names of none of the rest; he did not tell me he knew of the deed of gift at the time he was talking to me, and that he did not know of it at the time he bought them; this he did not say; he said they would be his as long as he lived, and when he was dead and gone, he didn't care much about it.
Cross-examined: Reuben Thornon never named to me how he found out about the deed of gift; I was living at Thornton's as overseer; he did not discharge me; I served my time out; I overseed for him three years; it has been twenty years since my hearing first became bad; my hearing is right smart worse now than it was ten or twelve years ago; there ain't a great deal of difference between my hearing ten or twelve years ago and twenty years ago; the talk about the deed of gift merely came in conversation; I had heard something about it, and asked him about it; no one else was present; never talked to me about it but once; we were sitting in the piazza; never asked him why he did not find out; did not put myself to that trouble; we talked about a heap of things; I don't recollect of what particularly; 1 lived athis quarter the last year I stayed with him, and that was the year the conversation took place—towards the last of the year, as well as I can ascertain; it was at his quarter where I lived that the conversation took place; Ann and her children were at the home house at the time the talk took place; they were at the home house; the quarter was seven or eight miles from the home place.
Thomas J. Adams: Lived with Reuben Thornton as overseer; does not know exactly the years—about 1852, I think; heard him talk of Ann and her children; I was down then at the quarter hauling corn; I told him about there being a deed of gift for these negroes; he said he knew it when he bought them; I asked Reuben Thornton about the negroes, because I had heard Scroggins was about to come up here (to Elber-ton) to see about the claim to the negroes; the children of Ann were Sina, Bose, Louiana, Robin, Jacob—I don't recollect the names of the others, but there were others; Benajah, I think, was one of Ann's children; Sina has two or three children, 1 won't be positive which; I saw Sina the year before last; the balance I don't recollect when I saw them; the time I saw Sina was when I was overseeing for Thomas Thornton, son of Reuben.
Cross-examined: In the conversation with Reuben, he said they would not bother him in his lifetime, and signified that after his death he did not care what; that was about the meaning of it; that was all he said about it that I recollect; he did not say he had fairly bought the negroes of Daniel Thornton, nor anything about buying them.
Joseph T. Smith: Knows nothing about the girl Sina; knows Henry, Jacob, Seaborn, Robin and Louiana; knew them in defendant's possession; he sold them for forty-three hundred dollars; I think that was their value; defendant sold them in January, 1858, I think; know nothing of the mother of these negroes; it strikes me defendant probably calls Henry, Bose, but am not certain of that; Henry was about 18 years old; Jacob was about 161/2 years old; Seaborn was about 15; Robin was about 131/2; Louiana was about 11 or 11 1/2; I am speaking of their ages at the time they were sold; I am so precise about age and value because I bought the negroes.
John M. Brown: I recollect when Mr. Black demanded some negroes of defendant; I think one's name was Seaborn;don\'t recollect distinctly the other\'s; there was some two or three names; I think something was said of a negro named Sina; defendant, I think, did not give up the negroes; could not say what defendant said.
Thomas J. Adams, reintroduced: Went to Thomas Thornton's, defendant's, to oversee, Christmas, 1857; Sina was there then; I went after some hogs; she was fixing to try up some fat; she wa9 around the pot with defendant's wife and some other woman.
Andrew J. Cleveland: Knows the negro girl Sina; about two years ago Sina would have brought near $1,100; I don't know much about the value of negroes; saw Sina, Seaborn and Jacob in the employment of defendant in 1857; I have seen Sina and Jacob plowing; don't know about Seaborn; Bose was Henry's nickname, but Henry is the right name.
Jacob.M. Clevland: Knows Priscilla H. Black; she is Wm. D. Thornton's daughter; she was born in 1834, to the best of my recollection; I know her sister—her name is Martha; 'tis said she married Scroggins; I have seen them associating as man and wife; Priscilla married Black; Scroggins and his wife have lived in this county.
Cross-examined: Scroggins was reputed to have another wife living in Carolina at the time he married Martha Thornton; her maiden name was Newby; he was married to Martha Thornton about ten years ago; I am related to plaintiffs; Martha is older than Priscilla; Martha and Priscilla are my nieces; Martha Scroggins was born in 1830 (in the latter part), or first of 1831.
Re-examined by plaintiffs: My sister, Wm. D. Thornton's wife, brought Ann here on the 1st Tuesday in January, 1829, and a few days after she married Wm. D. Thornton; he kept the negroes a few years, got in debt, and sold them to Beek & Clark; these were sold to Beek & Clark, Ann and another no kin to Ann; Beek & Clark sold Ann to old Daniel Thornton, the father of Wm. D. Thornton; the sale to Daniel Thornton by Beek & Clark was a year or two before the date of the deed of gift; the negro Ann was raised by my father, and sold by me as the representative of my father's estate; old Daniel Thornton has been dead about twelve or thirteen years; his wife was called Sallie; she outlived him some two or three years; he left some property; had two children; hada tract of land; there were conditions about the tract of land. William T. Thornton\'s father was Reuben Thornton; he has been dead three or four years.
Plaintiffs introduced and read the will of Reuben Thornton. This gave various articles of property and portions of his estate in specific legacies. None embraced in this suit was thus conveyed. The will contains an item giving all the balance of his estate to defendant. One negro of this family was bequeathed in the will to Benjamin Thornton, and the will was signed by his mark.
The following testimony was offered by Defendant:
Wm. H. Adams: Held the office of Sheriff of Elbert county,
in 1841; (a fi. fa. in favor of Wm. B. Davis and John C
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