Georgia v. Brailsford, Powell & HoptonAnnotate this Case
3 U.S. 1 (1794)
U.S. Supreme Court
Georgia v. Brailsford, Powell & Hopton, 3 U.S. 3 Dall. 1 1 (1794)
Georgia v. Brailsford, Powell & Hopton
3 U.S. (3 Dall.) 1
The act of the Legislature of Georgia of 4 May, 1784, did not vest in the state debts due by a citizen of Georgia to a partnership, some of the members of which were citizens of South Carolina and one of whom was a subject of Great Britain.
No sequestration divests the property in the thing sequestered.
The act of the Legislature of Georgia sequestering debts due to British subjects prevented the recovery of the debt by suit during the continuance of the war, but the mere restoration of peace, as well as the terms of the treaty, revived the right of action.
This was a trial at the bar of the Court by a jury to determine the right of the State of Georgia, under the Confiscation Act of 4 May, 1782, to a debt due by a citizen of Georgia to a partnership composed of certain persons, some of whom were citizens of South Carolina and one of whom was a British subject and had been in England during the whole of the war of the Revolution.
The plaintiffs alleged that James Spalding, a citizen of Georgia and surviving co-partner of Kelsall & Spalding, was indebted to the defendants in the penal sum of
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