Barbee v. Wimer
Supreme Court of Missouri
Appeal from St. Louis Cou/rt of Common Pleas. This was an action in behalf of Elvira Barbee to recover damages for an alleged unlawful seizure by defendant Wimer, as sheriff of St. Louis county, by the order and direction of the other defendants, of a negro slave alleged to be the sole and separate property of said Elvira Barbee.
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Appeal from St. Louis Cou/rt of Common Pleas. This was an action in behalf of Elvira Barbee to recover damages for an alleged unlawful seizure by defendant Wimer, as sheriff of St. Louis county, by the order and direction of the other defendants, of a negro slave alleged to be the sole and separate property of said Elvira Barbee. It was alleged in the petition that on the 16th day of August, 1851, William Triplet, the father of the said Elvira, gave to her the slave in question as her separate property free from the control of her husband, not subject to or liable for any debts, claims or…
1Opinion of the CourtScott, Judge
This case will be considered in two points of view; in the one, as it stands affected by the act of March 5th, 1849, entitled “ An act to amend an ‘ Act to regulate executions” in the other, as it remains independent of the provisions of that act.
In viewing this controversy as influenced by the act of 1849, to which reference has been made, we find that only one of the debts, for the satisfaction of which the property in controversy was sold, accrued before the date of the bill of sale or deed of gift, which was the 16th of August, 1851. There is nothing in the act of 1849 which prevents the…
Also in this document: Concurrence.
2Cited by2 opinions
- Gabriel v. MullenSupreme Court of Missouri · 1892
- Meyers v. GaleSupreme Court of Missouri · 1870