Polk's Administrator v. Allen
Supreme Court of Missouri
./Ippeal from Mississippi Circuit Court. Action to recover damages for the conversion of a slave. The defendant answered that he held the slave as administrator of Mary T. Griffin.
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./Ippeal from Mississippi Circuit Court. Action to recover damages for the conversion of a slave. The defendant answered that he held the slave as administrator of Mary T. Griffin. The court who tried the cause, sitting as a jury, found that Polk, the plaintiff’s intestate, died in 1838, and bequeathed the slave to Samuel Y. Griffin and Mary T., his wife, by his last will; that the slave was by Polk, before his death, placed in the possession of Griffin, and remained in Griffin’s possession until he died, and afterwards in the possession of his wife until she died, in 1848, when the slave was…
1Opinion of the CourtScott, Judge
This is an action for the recovery of damages for taking a slave. Judgment was given for the return of the slave, and damages equivalent to his hire from the time the plaintiff took out letters of administration on the estate of his intestate..
1. It is clear that the judgment of the court is not warranted by the pleading in the case. Such a judgment as was rendered could only have been given on a procedure in pursuance to the provisions of the 8th article of the present practice act. As the plaintiff went for damages for the conversion of the property, he was only entitled to interest on the…
2Cases cited1 opinion
- M'Donald v. WaltonSupreme Court of Missouri · 1828
3Cited by18 opinions
- Spencer v. VanceSupreme Court of Missouri · 1874
- Union & Mercantile Trust Co. v. HudsonSupreme Court of Arkansas · 1921
- State Ex Rel. Lipic v. FlynnSupreme Court of Missouri · 1948
- State ex rel. Robertson v. HopeSupreme Court of Missouri · 1894
- Picot v. BatesSupreme Court of Missouri · 1866
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