McLeod v. Board
Texas Supreme Court
Appeal from Harrison. The case was tried before Hon. Charles A. Frazer, one of the district judges. The suit was to recover two slaves and the increase of one of them. The case turned entirely upon the sufficiency of the petition upon demurrer. The facts of the case embodied in the petition were as follows: On the 13th December, 1835, in the State of South Carolina, Mary W. Miehan and Benjamin S. Mitchell were intending to marry.
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Appeal from Harrison. The case was tried before Hon. Charles A. Frazer, one of the district judges. The suit was to recover two slaves and the increase of one of them. The case turned entirely upon the sufficiency of the petition upon demurrer. The facts of the case embodied in the petition were as follows: On the 13th December, 1835, in the State of South Carolina, Mary W. Miehan and Benjamin S. Mitchell were intending to marry. She owned two negroes, Simon and Bina; and in consideration of said proposed marriage the parties made a marriage settlement, by the terms of which the said Mary…
1Opinion of the CourtMoore, C. J.
The appeal in this case presents for our consideration a judgment of the district court sustaining a general demurrer to the petition of the appellants, the plaintifis in that court. It is therefore improper, as well as unnecessary, for us at present to enter upon a discussion of questions not necessary for the determination of the correctness of this ruling of the court on the demurrer; consequently we shall not follow counsel in the argument which has been furnished us on several interesting and important questions which might arise on special exceptions, or in a trial on the merits of the…
2Cases cited4 opinions
- Decouche v. SavetierNew York Court of Chancery · 1817
- Neves v. ScottSupreme Court of the United States · 1850
- Le Breton v. MilesNew York Court of Chancery · 1840
- Holmes v. LiptrotSupreme Court of Georgia · 1850
3Cited by2 opinions
- Polson v. StewartMassachusetts Supreme Judicial Court · 1897
- Davidson v. PeticolasTexas Supreme Court · 1871