Legal Opinion

Sallee v. Arnold

Supreme Court of Missouri

Decided July 15, 1862PublishedCited by 3 opinions

Appeal from Callaway Circuit Cowt. I. The question in this case is whether the slaves of an infant femme, which have been hired out by her guardian before the marriage, pass to her husband jure marito where the marriage and the death of the wife both take place during1 the term, and while the slaves are de facto in the possession of the lessee ; and the affirmative of this proposition can only be sustained on the hypothesis that the possession of the guardian is the…

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Appeal from Callaway Circuit Cowt. I. The question in this case is whether the slaves of an infant femme, which have been hired out by her guardian before the marriage, pass to her husband jure marito where the marriage and the death of the wife both take place during1 the term, and while the slaves are de facto in the possession of the lessee ; and the affirmative of this proposition can only be sustained on the hypothesis that the possession of the guardian is the possession of the ward, and that the possession of the lessee is the possession of the guardian, even where the hiring is for a…

1Opinion of the CourtBay, Judge

Plaintiff brought suit against the defendants in the Calla-way Circuit Court to recover possession of seven slaves — Prudence, Greene, Creed, Amanda, Laura, Margaret, and an infant, name unknown — of the value of thirty-two hundred dollars. The cause was submitted upon an agreed statement of facts, as follows:

“ Prudence, Greene, and Creed, originally belonged to the estate of Thomas Swearingen, deceased, of Montgomery county, in this State, who died in the year 1850. Letters of administration were taken out upon his estate, and in 1854 commissioners were appointed by the County Court of Mont*539go…

2Cases cited2 opinions

  1. Chambers v. PerrySupreme Court of Alabama · 1850
  2. Morrow v. Whitesides'Court of Appeals of Kentucky · 1850

3Cited by3 opinions

  1. Coughlin v. RyanSupreme Court of Missouri · 1868
  2. Roberts v. WalkerSupreme Court of Missouri · 1884
  3. Alexander v. LydickSupreme Court of Missouri · 1883

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