Legal Opinion

Tyson v. Mattair

Supreme Court of Florida

Decided July 1, 1858PublishedCited by 12 opinions

This case was decided at Jacksonville. William H. Tison recovered a judgment in the Circuit Court of Columbia county against Henry Mattair, the husband of the appellee, on the 20th day of December, 1855. Upon this judgment execution was issued on the 31st day of January, 1856, which was levied on a negro slave named Primus, as the property of the defendant in execution.

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This case was decided at Jacksonville. William H. Tison recovered a judgment in the Circuit Court of Columbia county against Henry Mattair, the husband of the appellee, on the 20th day of December, 1855. Upon this judgment execution was issued on the 31st day of January, 1856, which was levied on a negro slave named Primus, as the property of the defendant in execution. Caroline Mattair, the wife of Henry Mattair, defendant in execution, interposed her claim, under the statute, to the negro slave levied on, as her property. On the trial of the right of property before the Court, (a jury being…

1Opinion of the CourtBaltzell, C. J.

This is a claim on the part of Mrs. Caroline Mattair to a negro boy, Primus, levied upon to pay her husband’s debts, under the execution of the plaintiff, Tison. Her title is asserted through a deed of gift from her father, Henry Jones, “ to his youngest daughter, for and in consideration of natural love and affection, to her and the heirs of h&r body — the said Caroline Mattair and her immediate offspring to have and to hold the above described property to their own proper use and behoof forever.” From the proof in the case the property came to the possession of her husband, Henry Mattair,…

2Cases cited5 opinions

  1. Jaques v. Trustees of the Methodist Episcopal ChurchCourt for the Trial of Impeachments and Correction of Errors · 1820
  2. Martin's v. MartinSupreme Court of Alabama · 1854
  3. McVay's Adm'r v. IjamsSupreme Court of Alabama · 1855
  4. Sydnor v. GascoigneTexas Supreme Court · 1854
  5. Scott v. AbercrombieSupreme Court of Alabama · 1848

3Cited by12 opinions

  1. Puryear v. StateSupreme Court of Florida · 2002
  2. NORTH FLA. WOMEN'S HEALTH SERVICES v. StateSupreme Court of Florida · 2003
  3. State v. J.P.Supreme Court of Florida · 2004
  4. Blood v. HuntSupreme Court of Florida · 1929
  5. Rotemi Realty, Inc. v. Act Realty Co., Inc.Supreme Court of Florida · 2005

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