Brown v. Hicks
Supreme Court of Arkansas
AppbaR from Cranford Circuit Court. This was aa action of detinue, brought, as the parties were described in the declaration by “ Arthur S-Jicks, administrator ése. of John Phillips, deceased, against “ Richard C. £>. Brown, executor of the last will and testament of Thomas Phillips, deceased,” for a mulatto woman slave. The defendant pleaded two picas, non aciinci, and the statute of limitations.
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AppbaR from Cranford Circuit Court. This was aa action of detinue, brought, as the parties were described in the declaration by “ Arthur S-Jicks, administrator ése. of John Phillips, deceased, against “ Richard C. £>. Brown, executor of the last will and testament of Thomas Phillips, deceased,” for a mulatto woman slave. The defendant pleaded two picas, non aciinci, and the statute of limitations. The plaintiff took issue on the first, and replied to t.ie second that the action did accrue within five years, to which the defendant joined issue, and on the two issues, the ease went to trial…
1Opinion of the CourtLacy, Judge
The declaration contains but one count, founded on a supposed case of bailment, and the unlawful detention of property. The defendant pleaded two pleas in bar of tho action. The first was a plea of non detinct, and the second, a plea of the statute of limitations. The plaintiff took issue on the first plea, and putin his] replication to the second —to which there was a joinder and issue. The parties went to trial on the issues thus formed, and the plaintiff to support his cause of action, read in evidence a bill of sale from Ellender Phillips, and a copy of a bill of sale from Thomas Phillips…
2Cases cited3 opinions
- Miller v. THE SHIP RESOLUTION, AND INGERSOLLSupreme Court of the United States · 1781
- Dillingham v. SnowMassachusetts Supreme Judicial Court · 1809
- Respublica v. RobertsSupreme Court of the United States · 1791
3Cited by3 opinions
- Whisler v. WhislerIndiana Supreme Court · 1903
- Knight v. American Insurance UnionSupreme Court of Arkansas · 1926
- Nicks' Heirs v. RectorSupreme Court of Arkansas · 1842