Harper v. Stanbrough
Supreme Court of Louisiana
APPEAL from the District Court of Carroll, Curry, J. This is an action to recover certain siaves, claimed by plaintiff as the surviving son of one Harper, who died in the State of Mississippi, in the year 1811. His will, dated Sth August, 1811, contains the following bequest: “ I give to my two sons Jesse and William, all my lands, to be equally divided between them; if either of my sons should die without a lawful heir, his part, real and pei’sonal, to the surviving one.”
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APPEAL from the District Court of Carroll, Curry, J. This is an action to recover certain siaves, claimed by plaintiff as the surviving son of one Harper, who died in the State of Mississippi, in the year 1811. His will, dated Sth August, 1811, contains the following bequest: “ I give to my two sons Jesse and William, all my lands, to be equally divided between them; if either of my sons should die without a lawful heir, his part, real and pei’sonal, to the surviving one.” Jesse Harper removed, with his portion of the siaves so bequeathed, into this State, in the year 1823. In 1838, lie died…
1Opinion of the Court
The judgment of the court was pronounced by
Eustis, C. J.
This is a petitory action to recover certain slaves claimed by plaintiff under the will of his father, Jesse Harper, senior, and which are alleged to be in the possession of defendant. The petition alleges that Jesse Harper, senior, being then a resident of the State of Mississippi, executed his will on the 9th August, 1811, and soon after died, leaving two sons, Jesse Harper and the plaintiff; that by his said will, he made various deyises and bequests to his said sons, but upon the express condition that, should said Jesse or plaintiff…
2Cases cited1 opinion
- Arnaud v. TarbeSupreme Court of Louisiana · 1832
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