Legal Opinion

Howe & Wallace v. Waysman

Supreme Court of Missouri

Decided July 15, 1848PublishedCited by 11 opinions

APPEAL FROM COOPER CIRCUIT COURT. 1st. As against the appellants, John H. Howe and Robert Wallace, the bill of sale of the negro woman Charlotte, in the year 1829, by Shackleford to the infants, Hefty Howe, Martha Ann and Andrew J. Howe, under (he cii cumstances thereof) is fraudulent and void.

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APPEAL FROM COOPER CIRCUIT COURT. 1st. As against the appellants, John H. Howe and Robert Wallace, the bill of sale of the negro woman Charlotte, in the year 1829, by Shackleford to the infants, Hefty Howe, Martha Ann and Andrew J. Howe, under (he cii cumstances thereof) is fraudulent and void. See Mo, Digest 1825, page 401-2, sec’s 2 and 3, title, Fraud ; 1 Marshall 209-10, Mason & wife vs. Baker; 1 Dana’s Rep 531 ; 4 McCord 294; Hudnal vs. Wilder, Ex’r. 1 Hill’s R. 143-4; 5 Peters Rep. 264, 278, 281, Catheart et al vs. Robinson; Hovenden on Fraud, p. 966 ; 15 Mass. R 310, Gates vs. Gates; 2…

1Opinion of the Court

Scott, judge,

delivered the opinion of the court.

This was an action of trover brought by the appellees on the 5th February, 1846, against the appellants for three slaves, Charlotte and her two children, Woodson and 'George.

Waysman and Roy, two of the appellees, are sons-in-law of James Howe, having intermarried with his daughters Martha Ann and Hetty. The other appellee, A. J. Howe, is a son of the said James Howe. The appellees claimed the slaves in controversy under a bill of sale executed to them hy Edmund Shackelford, in Kentucky, for the slave Charlotte, who, after the sale, bore the two…

2Cases cited1 opinion

  1. Bridge v. EgglestonMassachusetts Supreme Judicial Court · 1817

3Cited by11 opinions

  1. Henderson v. DickeySupreme Court of Missouri · 1872
  2. Craig v. ZimmermanSupreme Court of Missouri · 1885
  3. Rankin v. HarperSupreme Court of Missouri · 1856
  4. Ocklawaha River Farms Co. v. YoungSupreme Court of Florida · 1917
  5. Gilliland v. FennSupreme Court of Alabama · 1890

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