Legal Opinion

Davis v. Herndon

Mississippi Supreme Court

Decided October 15, 1860PublishedCited by 2 opinions

Error to tbe Circuit Court of Monroe county. Hon. Joel M. Acker, judge. The plaintiff in error filed his complaint against defendant in error in the court below, in which he alleged “ That on the first day of September, 1849, the said plaintiff' was seized and possessed as of his own property of certain negro slaves, to wit, [here follow the names and descriptions of the slaves] of great value, to wit, of the value of ten thousand dollars, and having casually lost the said…

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Error to tbe Circuit Court of Monroe county. Hon. Joel M. Acker, judge. The plaintiff in error filed his complaint against defendant in error in the court below, in which he alleged “ That on the first day of September, 1849, the said plaintiff' was seized and possessed as of his own property of certain negro slaves, to wit, [here follow the names and descriptions of the slaves] of great value, to wit, of the value of ten thousand dollars, and having casually lost the said slaves out of his possession, the same came to the possession of the defendant on the day and year aforesaid. “Yet said…

1Opinion of the CourtHandy, J.

This action was brought, under the statute of 1850 in relation to pleadings in actions at law, for the recovery of certain slaves, with hire, &c., from the defendant, to which the defendant pleaded a general denial of the allegations of the complaint.

On the trial the plaintiff offered in evidence a copy of a deed from the County Court of Baldwin county, in the State of Alabama, where it was recorded; and the defendant objected to its introduction, on the ground that it was not duly recorded according to the laws of that State. The objection was sustained, and the copy excluded, the plaintiff…

2Cases cited6 opinions

  1. Gardner v. AdamsNew York Supreme Court · 1834
  2. Brown v. LipscombSupreme Court of Alabama · 1839
  3. McGoon v. AnkenyIllinois Supreme Court · 1850
  4. Goodwin v. LloydSupreme Court of Alabama · 1838
  5. Young v. FergusonCourt of Appeals of Kentucky · 1822

1 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Kaplan v. Harco Nat. Ins. Co.Court of Appeals of Mississippi · 1998
  2. Robb v. CherryTennessee Supreme Court · 1896

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