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Georgia, Supreme Court, Macon - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Georgia, Supreme Court, Macon write by . This book was released on 1864. Georgia, Supreme Court, Macon available in PDF, EPUB and Kindle. In 1851 Walton, as administrator of Joseph Nunez, a free man of colour, commenced an action of trover against Bryan for the conversion of a slave, Patience, and her six children. Joseph Nunez died in the possession of a Patience and the children that he had fathered by her. Nunez's mother was white and his father, James Nunez, was believed by many to be of mixed Indian and Portuguese blood; James Nunez had had the air and deportment of a gentleman, had associated with the white people in the neighbourhood and had attended social events from which he would have been excluded if he had been regarded as black in whole or in part. Some other witnesses argued that the Nunezes were of mixed white and black ancestry, that they were regarded locally as free people of colour, and that Joseph Nunez had associated predominantly with blacks, had never exercised any of the legal privileges and duties of white men, such as serving on a jury or in the militia, and as a free man of colour had applied to a court in 1841 to have a guardian appointed for him. A will from 1785 purporting to be that of Moses Nunez, James Nunez's father, indicated James Nunez's mother to be a woman called Mulatto Rose. After Joseph's death his slaves were taken to Augusta by Alexander H Urquhart, it was argued under a deed of gift from Nunez. Walton, as Nunez's administrator, subsequently demanded them from Bryan, who denied buying them from Urquhart. Evidence was given that Urquhart had been appointed Joseph Nunez's guardian. The case was tried in 1859 and a verdict returned for Walton for [dollars] 6,200, the assessed value of the slaves, plus [dollars] 3,820, the value of their hire. Bryan moved for a new trial on numerous grounds, but owing to a mistake regarding dates the writ of error was dismissed in 1860 as improperly returned. Bryan then brought a bill in equity in 1862 in which he alleged that new evidence had become available to him that the legal status of Joseph Nunez had been tried in Burke county, determining him to be white, and prayed for a new trial of the case. Walton set up a successful demurrer to the bill in equity and Bryan appealed. The Supreme Court upheld the verdict, ruling that the writ of error had been properly dismissed in 1860 due to the negligence of the complainant's counsel and that the evidence pointed to the Nunez family being of mixed white and black ancestry. (In his summing up, Chief Justice Lumpkin states that this case had previously had four hearings at law in lower courts and two in the Supreme Court; see cases A-01154 and A-01836 for two of these earlier hearings.).