Carter v. Feland
Supreme Court of Missouri
Error to Buchanan Circuit Court. 1. The declarations of James Carter were clearly inadmissible. There was no such privity between him and the plaintiff in error, as to render his declarations admissible. The plaintiff in error did not claim under James Carter, but James claimed under him.
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Error to Buchanan Circuit Court. 1. The declarations of James Carter were clearly inadmissible. There was no such privity between him and the plaintiff in error, as to render his declarations admissible. The plaintiff in error did not claim under James Carter, but James claimed under him. Before the declarations of a privy or agent are admissible, the privity or agency must be established by independent testimony. 2 Stark. 59. 5 Watts, 392. 2. The record shows that demand was made and suit brought, four years after the negro woman was brought to this state. The statute of fraudulent…
1Opinion of the CourtRylaND, Judge
This was an action of trover, brought in the Buchanan Circuit Court, in December, 1847, to recover the value of a negro woman and child, which were alleged to be the property of plaintiff, and which the defendant had converted to his own use.
The defendant pleaded the general issue. Upon the trial of the cause, the plaintiff proved, that in the year 1831 or 1832, in the state of Tennessee, he was the owner of a negro woman, named Charlotte, and had her in his possession, and that she became the mother of the negro, Winny, named in the declaration ; that in the month of October, 1847, the…
2Cited by8 opinions
- Butler v. LawsonSupreme Court of Missouri · 1880
- Spencer v. VanceSupreme Court of Missouri · 1874
- State ex rel. Robertson v. HopeSupreme Court of Missouri · 1894
- St. Louis Fixture & Show Case Co. v. F. W. Woolworth Co.Missouri Court of Appeals · 1935
- State ex rel. Burton v. McKeonMissouri Court of Appeals · 1887
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