Smith v. Williams
Mississippi Supreme Court
Eeror .to the Circuit Court of Monroe county. Hon. Joel M. Acker, judge. The case is very fully stated in the opinion, of the court. This is an action of replevin to recover the possession of certain slaves. The plaintiffs claim under a deed made by one Carter and his wife.
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Eeror .to the Circuit Court of Monroe county. Hon. Joel M. Acker, judge. The case is very fully stated in the opinion, of the court. This is an action of replevin to recover the possession of certain slaves. The plaintiffs claim under a deed made by one Carter and his wife. This deed was offered in evidence by the plaintiffs, hut was objected to, and was ruled out by the court, because of the supposed insufficiency of the officer’s certificate as to the acknowledgment of the wife, upon her private and separate examination, of her having duly made the deed. The alleged insufficiency consisted…
1Opinion of the Court
HARRIS, J.,
delivered the opinion of the court.. The plaintiff brought his action of replevin against the defendant to recover possession of a slave. To support his title, plaintiff offered in evidence a deed of trust executed by Davis Gr. Carter and his wife, Lucinda, to the plaintiff and one Mitchell as trustees. This deed was objected to, on the ground that it had not been proven or acknowledged according to law, so as to entitle it to record, in this, that the wife only acknowledged when examined separately, private and apart from her-husband, that she had executed said deed in trust…
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