Ricks v. Hilliard
Mississippi Supreme Court
Appeal from the chancery court of Yazoo county. Shackleford, J. The facts appear in the opinion of the court. The weight of the testimony as to the title of the slave is against the plaintiff in the court below, and by his own acts he has induced Nicks to purchase the slave, as free of all claim by him, 1 Story’s Eq.
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Appeal from the chancery court of Yazoo county. Shackleford, J. The facts appear in the opinion of the court. The weight of the testimony as to the title of the slave is against the plaintiff in the court below, and by his own acts he has induced Nicks to purchase the slave, as free of all claim by him, 1 Story’s Eq. Jur., § 385; 36 Miss. 174; 24 ib. 612. The court of equity has not jurisdiction of a bill by a distributee to recover a chattel belonging to his decedent’s estate, and remuneration therefor, before administration, where there are outstanding debts. 7 Smedes & Marsh. 724 ; 10 ib.…
1Opinion of the Court
SlMEALL, J. :
The original bill was brought in 1860, by W. P. Arm-stead, to recover specifically a slave named Jemima, and her hire, claiming as heir and distributee of his mother, who deceased in May, 1849. Ricks acquired possession of the slave in December, 1849, by purchase from William Philips, the father of Mrs. Armstead, and mother of W. P. Armstead, then about twelve years of age.
Three grounds for reversing the decree of the chancellor have been urged: 1st, that the chancery court did not have jurisdiction; 2d, that the weight of the testimony, as to the title to the slave, was with the…
2Cases cited4 opinions
- Les Bois v. BramellSupreme Court of the United States · 1846
- Wood v. FordMississippi Supreme Court · 1855
- Weathersly v. WeatherslyMississippi Supreme Court · 1866
- Rabb v. GriffinMississippi Supreme Court · 1853
3Cited by9 opinions
- Ledyard v. . BullNew York Court of Appeals · 1890
- McCracken v. McCaslinMissouri Court of Appeals · 1892
- Clayton v. James B. Clow & SonsDistrict Court, N.D. Illinois · 1957
- Jones v. R. L. Clemmer & SonMississippi Supreme Court · 1910
- McDowell v. Orphan School of the Christian ChurchMissouri Court of Appeals · 1901
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