Legal Opinion

Miller v. Desha

Court of Appeals of Kentucky

Decided February 5, 1867PublishedCited by 5 opinions

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CASE 68 — PETITION— APrEAL FROM HARRISON OIBOUIT COURT. CITED— Act of 1796, sec. 2; Revised Statutes, chap. 40, sec. 2. 2 Met., 207; Todd Sf Co. vs. Hartley,' fyc. 9 B. M., 514; Trimble vs. Ratcliffe. 1- Met., 350 ; Enders vs. Williams. Story's Conflict of Laws, sec. 592, and notes. Grcenleaf on Ev., secs. 546, 549, and notes. 2 Bush, 70; Lowry vs. Fisher, fyc. CITED— Revised Statutes, p. 547; 1 M. ¿f B., 737. 9 B. M., 514; Trimble vs. Ratcliffe. 1 Met., 350-2 ; Enders vs. Williams. Statute 13, Elizabeth, ch. 5. 1 Conn., 525; Salmon vs. Bennett. 1 American Leading Cases, 49-63. 5 Ohio, 121;…

1Opinion of the Court

JUDGE WILLIAMS

delivered the opinion of the, court:

Miller, having sued out an attachment against the estate of H. F. Cromwell, and having it levied on a negro girl slave, Mrs. Desha executed a bond, as authorized by section 235, Civil Code, to have the property forthcoming to abide the judgment which might be rendered therein. Miller obtained judgment, and the slave was surrendered in satisfaction of the bond, and sold to satisfy the judgment ; after which Desha and wife brought this suit, averring that the girl had been given to her by her father, H. F. Cromwell, before the attachment was…

2Cases cited1 opinion

Lowry v. FisherCourt of Appeals of Kentucky · 1867

3Cited by5 opinions

Applewhite v. Harrell Mill Co.Supreme Court of Arkansas · 1887
McCadden v. LowensteinTennessee Supreme Court · 1893
Lee v. HollisterDistrict Court, E.D. Kentucky · 1880
Fidelity Deposit Co. of Maryland v. CobbCourt of Appeals of Kentucky (pre-1976) · 1926
Patton v. Madison National BankCourt of Appeals of Kentucky · 1907