8 Ga. 61 | Ga. | 1850
By the Court.
delivering the opinion.
It is certainly true, that the ownership of property is a conclusion of law, from the evidence. But the testimony objected to was, that the witness never heard any other person than Harrison claim the negro Caroline, while he had her in possession, and exercised the ownership. The object of the proof was, the negation of any adverse claim, at or during a particular period, viz. while the plaintiff had her in possession, using her as his own.
"We see no objection to the testimony of Watts, as to the sanity of Mrs. Cain ; his opinion being accompanied, as it is, with the reasons upon which it is founded. It comes fully within the rule laid down by this Court, in Potts vs. House, 6 Geo. Rep. 324.
Several of the witnesses testified to the acknowledgments of Mrs. Cain — that she had given the girl to Harrison — that she belonged to him — and that the donor had parted with the possession and dominion of the slave. This was certainly enough to carry the case to the Jury. As to what constitutes a conversion, this Court has repeatedly held, that possession, with a claim of title adverse to that of the true owner, is sufficient; and this is undoubtedly the doctrine of the books. 2 Dev. 130. 1 McCord, 504. 1 N. M. 592. 1 Bailey, 546. 7 Johns. 254. 10 Ib. 172. 5 Cowen, 323. The declarations, therefore, of Maxwell, on the trial of the possessory warrant, that he had the right to control the slave, and that he would not give her up, even if possession was awarded by the Court to Harrison, amounts to a conversion in law. And as it respects the possession, it was clearly in Maxwell, as trustee. The possession of Mrs. Bozeman, the cestui que trust, was permissive only, and was, in fact, his possession.
Judgment reversed.