Legal Opinion

Allison v. Bowles

Supreme Court of Missouri

Decided January 15, 1844PublishedCited by 1 opinion

APPEAL from Cooper Circuit Court. 1. The court below erred in refusing to permit the appellant to show that Ryan was in the possession of the negro for many months, in Boonville; that he used and treated her as his own property; that Bowles kept his claim secret from Allison, and that the possession of Ryan was with the knowledge and consent of Bowles; and that Bowles permitted Ryan to bring said negro with him from Virginia, where plaintiff resided, to Missouri. 2. That…

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APPEAL from Cooper Circuit Court. 1. The court below erred in refusing to permit the appellant to show that Ryan was in the possession of the negro for many months, in Boonville; that he used and treated her as his own property; that Bowles kept his claim secret from Allison, and that the possession of Ryan was with the knowledge and consent of Bowles; and that Bowles permitted Ryan to bring said negro with him from Virginia, where plaintiff resided, to Missouri. 2. That possession of personal property raises the presumption of ownership.— 3 Bibb, 93; J. Marshall, 56,7; 1 Mo. Rep., Irwin…

1Opinion of the CourtNapton, J.

This was an action of trover brought by the defendant in error, Paul C. Bowles, to recover the value of a negro girl, alleged to have been converted by the defendant to his use.

On the trial, the plaintiff produced a deed of trust from Stephen Bowles, of Amherst county, Virginia, granting to him the slave in controversy, in trust for the daughter of the grantor, Elizabeth Ryan, during her life, with remainder to her children living at the time of her death; and authorising the trustee to hire out the said slave, or permit Mrs. Ryan to remain in possession of her, as he should deem most to the…

2Cited by1 opinion

  1. Stewart ex rel. Ashley v. Ball's AdministratorSupreme Court of Missouri · 1862

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