Dixon v. Thatcher
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court. The Hon. Wm. H. Feild, Circuit Judge, presiding. This action was originally brought against Samuel Thatcher, and upon his death being suggested, the present appellees, his heirs at law, were admitted as defendants.
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Appeal from Pulaski Circuit Court. The Hon. Wm. H. Feild, Circuit Judge, presiding. This action was originally brought against Samuel Thatcher, and upon his death being suggested, the present appellees, his heirs at law, were admitted as defendants. Argued and submitted at the January term, 1854. The Circuit Court erred in sustaining the demurrer to Dixon’s 2d replication; because if he was a joint owner with others, and had, as such, the slave lawfully in his actual possession, no person had a lawful right to disturb or ¿change that possession, unless by his consent, or by some legal…
1Opinion of the CourtJustice Walker
This was an action of replevin in the cepit for a slave. The* defendant pleaded non cepit; property in himself in right of his-wife, in right of his wife jointly with plaintiff, in right of his wife jointly with a third person, in right of his wife jointly with the-plaintiff and others, and also property in a third person; in each-of them traversing the plaintiff’s title.
To each of these pleas the plaintiff filed two replications. In-his second replication-, without setting up an absolute title, or right of property, or possession in himself, he replied that he had title to the slave as one…
2Cases cited2 opinions
- Rogers v. ArnoldNew York Supreme Court · 1834
- Bozeman v. State BankSupreme Court of Arkansas · 1847
3Cited by5 opinions
- Baggett v. DavisSupreme Court of Florida · 1936
- Lanigan v. NorthSupreme Court of Arkansas · 1901
- Wilcox v. BergmanSupreme Court of Minnesota · 1905
- Patterson v. FowlerSupreme Court of Arkansas · 1860
- Morgan v. JacksonIndiana Court of Appeals · 1904