Campbell v. Hays
Mississippi Supreme Court
Error to the Circuit Court of Choctaw county. Hon. ¥m. Cothran, judge. contended that • the sale was absolutely void; that the excuse for the failure to return was sufficient, and that it was contrary to the public policy of the State and of the United States to enforce any contract growing out of the right to hold slaves. contended that the defective return of the service of the citations did not render the sale void, and that the same could not be collaterally impeached.
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Error to the Circuit Court of Choctaw county. Hon. ¥m. Cothran, judge. contended that • the sale was absolutely void; that the excuse for the failure to return was sufficient, and that it was contrary to the public policy of the State and of the United States to enforce any contract growing out of the right to hold slaves. contended that the defective return of the service of the citations did not render the sale void, and that the same could not be collaterally impeached. Porter v. Robmson, 3 Marshall R. 253-4 ; YoorMes v. Bcmlc of United States, 10 Peters’ R. 449, 469, and 473 ; Toulmm v.…
1Opinion of the Court
Ellett, J.,
delivered tbe opinion of tbe court.
This suit was ,on a note given for the price of negroes sold at administrator’s sale, under an order of the court for equal division among the heirs. The plea alleges that the order of sale was void, being made without proper service of process on the distributees. The returns made on the citations are copied in the plea, from which it appears that one was returned, “ executed by personal service on all but Mary J. Middleton, and by copy on her; ” and that the other was returned “ executed.”
It it also said there was no service on the fathers of…
2Cited by5 opinions
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- Gibson v. CurrierMississippi Supreme Court · 1903