Smith v. Williams
Mississippi Supreme Court
ERROR, to the Circuit Court of Monroe county. Hon. Joel M. Acker, judge. Mrs. Carter, wife of Davis G. Carter, became the owner of the slave in controversy, in January, A.D. 1841, and held the same as her separate estate, under the Act of 1839. In the year 1851, her husband (said D. G. Carter) conveyed the said slave, in trust, to the defendant in error, Williams, to secure certain debts due by the husband.
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ERROR, to the Circuit Court of Monroe county. Hon. Joel M. Acker, judge. Mrs. Carter, wife of Davis G. Carter, became the owner of the slave in controversy, in January, A.D. 1841, and held the same as her separate estate, under the Act of 1839. In the year 1851, her husband (said D. G. Carter) conveyed the said slave, in trust, to the defendant in error, Williams, to secure certain debts due by the husband. In 1852, Carter and wife being still in possession of said slave, conveyed him, by their joint deed, in trust to the plaintiff in error, who afterwards, in 1857, brought this action of…
1Opinion of the CourtHarris, J.
The plaintiffs in error commenced their action of replevin in the Circuit Court, to recover the possession of a negro man, from the defendant in error, both parties claiming title to said negro, under trust deeds, which appear in the record.
*547There was a verdict for defendant, in the court below, and judgment rendered thereon, from which this writ of error is prosecuted.
Two errors are assigned in form, as follows:—
1. As shown in the bill of exceptions.
2. In overruling the motion for a new trial.
The office of an assignment of errors, is to notify the opposite party of the special causes of…
2Cases cited3 opinions
- Lyon v. KnottMississippi Supreme Court · 1853
- Steadman v. HolmanMississippi Supreme Court · 1857
- Friley v. WhiteMississippi Supreme Court · 1856
3Cited by1 opinion
- Morton Realty Co. v. Big Bend Irrigation & M. Co.Idaho Supreme Court · 1923