Legal Opinion

Presley v. Rodgers

Court of Appeals of Mississippi

Decided October 15, 1852PublishedCited by 4 opinions

In error from the circuit court of Neshoba county; Hon. John Watts, judge. This was an action for the trial of the right of property in the circuit court of Neshoba county, upon a judgment on attachment issued by Rodgers against Catharine Edwards, which was levied on a certain negro named Dock.

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In error from the circuit court of Neshoba county; Hon. John Watts, judge. This was an action for the trial of the right of property in the circuit court of Neshoba county, upon a judgment on attachment issued by Rodgers against Catharine Edwards, which was levied on a certain negro named Dock. Presley, as trustee, filed an affidavit and gave bond to try the right of property in the negro; and to sustain his claim to the negro, he introduced and read in evidence to the jury a deed of Edward Edwards to Charles and Lewis Presley, for the negro in controversy, conveyed in trust for the use and…

1Opinion of the CourtJustice Yerger

The defendant in error commenced suit in the circuit court of Neshoba county, by attachment, against Catharine Edwards. The attachment was levied upon three slaves, which were claimed by the plaintiff in error; and an issue to try the right of property was made up, and resulted in a verdict and judgment against the claimant.

From the evidence, it appears that the claimant founded his title on a deed of trust made and duly recorded in the State of South Carolina, in the year 1820, by Edward Edwards. By this deed, Edwards, who was about to enter into a marriage with Catharine, the daughter of…

2Cited by4 opinions

  1. Mitchell v. Choctaw BankMississippi Supreme Court · 1914
  2. Barker v. StacyMississippi Supreme Court · 1853
  3. Wyse v. DandridgeMississippi Supreme Court · 1858
  4. Hardenburgh v. BlairNew Jersey Court of Chancery · 1878

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