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Motion to dismiss. Prac-
ARGUED AND DETERMINED
SUPREME COURT OF THE STATE OF GEORGIA,
MARCH TERM, 185 8.
Present-JOSEPH H LUMPKIN,
CHARLES. J. McDONALD, Judges.
JOSIAH PYRON, surviving executor, plaintiff in error, vs. SARAH C. PARKER, and others, defendants in error.
A deed of gift of a slave, if made and recorded according to the provisions of the Act of 1838, "to prescribe the mode of making gifts of slaves," is good against subsequent purchasers from the donor.
Trover, from Spalding county. Tried before Judge CABINESS, November Term, 1857.
This was an action of trover brought by Sarah C. Parker, and others, against Josiah Pyron and Lewis Pyron, executors of James Shipp, deceased, for the recovery of a negro woman slave named Caroline.
Lewis Pyron, one of the executors, died pending the suit, and the action proceeded against the survivor.
Pyron, ex'or, vs. Parker et al.
Plaintiffs offered and read in evidence a deed of gift from John Parker, their father, whereby he, in consideration of love and affection, conveyed to them one lot of land in Pike county containing 2021 acres, one half lot in the same county containing 101 acres, and twenty-five acres, part of another lot in same county; also, four negroes, Zill, Till, Caroline and Hannah; also, one bay horse, one bay mare, one cart and oxen, fifteen head of cattle, thirty-five head of hogs, and all his stock of provisions, corn, fodder, and all his household and kitchen furniture. He appointed Beverly Pyron agent, to act and do with the property conveyed to his children as he might think best for them. The deed bore date 29th March, 1842, and was recorded in the office of the Clerk of the Superior Court, 26th May, 1842. It was signed and sealed by John Parker, and witnessed by two witnesses, one being a Justice of the Peace.
Plaintiff's then read the answers to interrogatories of Henry Jones, who testified, that in the year 1852, James Shipp bought the negro Caroline from John Parker and his wife, but does not know whether Shipp ever had her in possession or not. She was worth between four hundred and four hundred and fifty dollars; that Shipp, he thinks, died in the latter part of the year 1853, in Pike county; knows that Shipp, at the time he bought Caroline, knew that John Parker had made a deed of gift of said negro to his children, because, before that time, witness and Shipp had stood John Parker's security to Isaac B. Williamson, on a note for about $400, and Williamson wanted his money, and hearing that Parker had made a deed of gift of his property to his children, witness and Shipp went to Zebulon and examined the Clerk's office, and found the deed on record.
In answer to the cross interrogatories, witness says, that John Parker was indebted, at the time the deed of gift was made, to John Neal and Joseph Scott, but knows of no other indebtedness, and knows of no suits then pending against
Pyron, ex'or, vs. Parker et al.
him; that he had no other property not included in the deed of gift, except some little stock; does not know how many children he had; Parker is in a very poor condition; is worth nothing, and is a man of very weak mind, almost no mind at all, and has been in his present condition, as to property and mind, from three to five years; witness has furnished his family with from fifty to seventy-five dollars worth of provision annually for four or five years past, which was paid out of the proceeds of the crops made by the family up to the present year; does not know what went with the money paid for the negro Caroline, but supposes that it went to pay for provisions. At the time Shipp bought the negro, Parker owed him about $120, and supposes he had been owing it one or two years.
Martha Parker, the wife of John Parker, the donor, in answer to interrogatories, testified, that she was present when Shipp bought Caroline; she was delivered to him the same day he bought her, and he carried her off; and told witness afterwards that he hired Ab. Woods to carry her off and sell her for him; Shipp knew that she had been given to the children before he bought her, because he and her husband had made an effort to break the deed and failed.
To the cross interrogatories, she answered, that she did not know to whom John Parker was indebted at the time of making the deed; he owed Joseph Scott and John Neal, but how much did not know; he may have owed others. John Parker is my husband; we were husband and wife at the time the deed was made. The two first named plaintiffs are my step-children; William R. Dunn is my son-in-law, and the other plaintiffs are my children; I have two children younger than those named as plaintiffs; my youngest son named as plaintiff was born in December, and the deed was made the following May; I think about fifteen years ago. Does not know how much her husband was indebted at the time the deed was made, nor to whom, except to Joseph Scott and John Neal. Never persuaded him, in the presence of