Witherspoon v. Blewett
Mississippi Supreme Court
Error to the circuit court of Lowndes county. Orr, J. The opinion of the court contains a sufficient statement of the case.
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Error to the circuit court of Lowndes county. Orr, J. The opinion of the court contains a sufficient statement of the case. The following is the assignment of errors: 1. The court erred in giving the third and eighth instructions asked by the defendant. 2. The court erred in admitting the testimony of the defendant in this case, the same being inadmissible under article 190, p. 510, of the Revised Code of 1857. 3. The motion for a new trial was improperly overruled. 1. In an action of trover the conversion may be proved: 1st. By a tortious taking; 2d. By any use or .appropriation to the use…
1Opinion of the Court
SlMRALL, J. :
This is an action of trover, brought to recover damages for the conversion of cattle. It was incumbent on the plaintiff to prove property in the estate, of which he was the legal representative, and secondly, a conversion by the defendant.
On the first point, the evidence was, that the cattle, when appraised .as the property of the intestate, were upon his plantation, and were pointed out to the appraisers by William Witherspoon, brother of deceased, and who seemed to have the management of the plantation since his brother’s death. Some time after the appraisement, the cattle were…
2Cases cited3 opinions
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- Jacoby v. LaussattSupreme Court of Pennsylvania · 1820
3Cited by10 opinions
- Whitehead v. KirkMississippi Supreme Court · 1913
- Cross v. FrostMississippi Supreme Court · 1956
- McCutchen v. Rice & Co.Mississippi Supreme Court · 1879
- Mills v. MillsMississippi Supreme Court · 1973
- Reinhardt v. EvansMississippi Supreme Court · 1873
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