Garrison v. Fisher
Mississippi Supreme Court
On appeal from the superior court of chancery; Hon. Charles Scott, chancellor. The bill states, that the wife of the complainant David Garrison was formerly the widow of one Gaskins, and as such entitled to dower in his real estate; that she married one Plenry Slavins in 1841, during which marriage she sold her dower interest in 1843, and with the money thereby received, purchased the slave in controversy, and took a bill of sale in the name of herself and her two children,…
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On appeal from the superior court of chancery; Hon. Charles Scott, chancellor. The bill states, that the wife of the complainant David Garrison was formerly the widow of one Gaskins, and as such entitled to dower in his real estate; that she married one Plenry Slavins in 1841, during which marriage she sold her dower interest in 1843, and with the money thereby received, purchased the slave in controversy, and took a bill of sale in the name of herself and her two children, complainants; that Slavins destroyed the bill of sale, and sold the slave to the defendant in 1846, under the pretence…
1Opinion of the CourtJustice Handy
The first question for consideration in this case is this, Did the purchase of the slave by Mrs. Slavins, with the money arising from the sale of her dower interest, vest the title to the slave in her husband ?
It is shown, that the purchase was made by the means of the wife derived from her separate property. The money never came to the possession of the husband, but passed, immediately on the receipt of it by the wife, to the person from whom the slave was purchased. The husband incurred no responsibility on account of the sale of the dower interest, and did no act tending to show that he…
2Cited by2 opinions
- H. Apple & Co. v. GanongMississippi Supreme Court · 1872
- Henderson v. WarmackMississippi Supreme Court · 1854