Holloway v. Armstrong
Mississippi Supreme Court
IN error from the Circuit Court of Franklin county. Hon. Stanhope Posey, judge. D. B. Cani, as administrator ad colligendum of John Holloway, deceased, sued in replevin, A. W. Armstrong, for tbe recovery of a negro girl, Ann. This suit was instituted on the 24th day of December, 1852. Cani afterwards resigned, and W. L. Holloway was appointed administrator of said estate, and a scire facias was sued out to revive the suit in his name.
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IN error from the Circuit Court of Franklin county. Hon. Stanhope Posey, judge. D. B. Cani, as administrator ad colligendum of John Holloway, deceased, sued in replevin, A. W. Armstrong, for tbe recovery of a negro girl, Ann. This suit was instituted on the 24th day of December, 1852. Cani afterwards resigned, and W. L. Holloway was appointed administrator of said estate, and a scire facias was sued out to revive the suit in his name. Defendant demurred to the scire facias, upon the ground that a collector was not authorized by law to maintain the action of replevin. The demurrer was…
1Opinion of the CourtFishbe, J.
This was an action of replevin in the Circuit Court of Franklin county, brought by the plaintiff as administrator of John Holloway, deceased, to recover a slave in the possession of the defendant.
The question submitted to the jury under the testimony on the trial below, was,' whether the intestate made an absolute gift of *507the slave to the person from whom the defendant claims, or whether she held the slave under a loan. The testimony offered on the three several trials in the court below, was conflicting. We are of opinion, however, that the weight of testimony was in favor of the gift of the…
2Cited by1 opinion
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