Spalding v. Wathen
Court of Appeals of Kentucky
Case 71 — PETITION EQUITY APPEAL FROM UNION CIRCUIT COURT. CITED Civil Code, sections 579, 15, 123, 897, 898. 7 Monroe, 256, Hopkins v. Chambers. 1 Bacon’s Abridgment, pages 11, 12, 15, 16. 6 Wheaton, 260, Green v. Watkins. 10 B. Monroe, 245, Crook’s executor v. Turpin, &c. 10 Paige’s Chancery Reports, 131. 3 Bush, 506, Moss v. Rowland. 1 Marshall, 218, Sneed v. Reardon. 5 Monroe, 451, Perkins’s heirs v. Anderson’s heirs.
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Case 71 — PETITION EQUITY APPEAL FROM UNION CIRCUIT COURT. CITED Civil Code, sections 579, 15, 123, 897, 898. 7 Monroe, 256, Hopkins v. Chambers. 1 Bacon’s Abridgment, pages 11, 12, 15, 16. 6 Wheaton, 260, Green v. Watkins. 10 B. Monroe, 245, Crook’s executor v. Turpin, &c. 10 Paige’s Chancery Reports, 131. 3 Bush, 506, Moss v. Rowland. 1 Marshall, 218, Sneed v. Reardon. 5 Monroe, 451, Perkins’s heirs v. Anderson’s heirs. CITED Bacon’s Abridgment, “Abatement,” F. K. Bacon’s Abridgment, “Error,” I. 6. Civil Code, sections 579, 582. 1 Greenleaf on Evidence, 483-4. 7 J. J. Marshall, 148, Lillard…
1Opinion of the Court
JUDGE LINDSAY
delivered the opinion oe the court.
John, a man of color, who was held in bondage by Stanislaus ' Wathen, and who claimed to be free, brought his suit in the Union Equity and Criminal Court, in 1858, against said Wathen to recover his freedom. The cause was transferred to the circuit court of said county, and upon hearing, in October, 1863, John’s petition was dismissed.
*661In 1864 John became a soldier in the United States army, and it appears from the evidence that he died at Paducah on or about the 1st of April, 1865. This fact, however, does not seem to have been known either to…
2Cited by17 opinions
- Claflin v. DunneIllinois Supreme Court · 1889
- Parsons v. SpencerCourt of Appeals of Kentucky · 1885
- King v. BurdettWest Virginia Supreme Court · 1886
- Taylor v. ElliottIndiana Supreme Court · 1876
- Bailey v. RockafellowSupreme Court of Arkansas · 1893
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