Scroggin v. Holland
Supreme Court of Missouri
Error to Pettis Circuit Court. The facts are sufficiently stated in the opinion of the court. I. The widow Brown was a competent witness to prove the unsoundness of the slave, because, 1. She was not interested in the event of the suit; she had received all her dower interest in the estate, and it was wholly insolvent. 2. She was competent, even though interested, and so would her husband have' been, under the provisions of the practice act of 1849, had he been alive.
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Error to Pettis Circuit Court. The facts are sufficiently stated in the opinion of the court. I. The widow Brown was a competent witness to prove the unsoundness of the slave, because, 1. She was not interested in the event of the suit; she had received all her dower interest in the estate, and it was wholly insolvent. 2. She was competent, even though interested, and so would her husband have' been, under the provisions of the practice act of 1849, had he been alive. See article 25, secs. 1, 2 & 3 of the code. 4 Mo. Rep. 361. ' Patterson v. McClanahan, 13 Mo. 507. 3. The facts were such as…
1Opinion of the CourtScott, Judge
This was an action on a note for thirteen hundred dollars, against Smith and Scroggin, securities of James Brown. Brown purchased several slaves of Thomas Holland, the plaintiff, who warranted them to be sound. The note in suit was executed to secure, as it was alleged, part of the purchase money, a portion of it having been paid down, and bore date ten days prior to the bill of sale. The alleged unsoundness of one of the slaves, estimated to be worth seven hundred dollars, was the defence to the action. Brown afterwards died. On the trial, the warranty of the soundness of the slaves,…
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