Legal Opinion

Kilcrease v. Shelby

Mississippi Supreme Court

Decided January 15, 1851PublishedCited by 4 opinions

In error from the circuit court of Copiah county; Hon. 'Stanhope Posey, judge. The facts of the case, as exhibited by the record, show that Thomas N. Shelby died in December, 1831, possessed of about forty jiegroes, including those sued for in this action, with the exception of Edmund, who was bought by his (Shelby’s) son, Moses D. Shelby, after his father’s death. He left surviving him a widow, Mary T., and four children, and a fifth child born after his death.

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In error from the circuit court of Copiah county; Hon. 'Stanhope Posey, judge. The facts of the case, as exhibited by the record, show that Thomas N. Shelby died in December, 1831, possessed of about forty jiegroes, including those sued for in this action, with the exception of Edmund, who was bought by his (Shelby’s) son, Moses D. Shelby, after his father’s death. He left surviving him a widow, Mary T., and four children, and a fifth child born after his death. In the fall of the year 1832 or 1833, a division of the negroes among the distributees of deceased was made by some of their…

1Opinion of the Court

Mi’. Chief Justice ShaRkey

delivered the opinion of the court.

The plaintiff, as surviving executor of William H. Kilcrease, brought an action of detinue for certain slaves, against the defendant, and, the jury having found for the defendant, the case comes up on a motion for a new trial on the evidence merely.

The property in dispute originally belonged to Thomas N. Shelby, who died in December, 1831, leaving a widow, Mary, and four children, infants, and one other was born after the death of the father. In 1832 or 1833, an informal division of the property was made by some of the neighbors,…

2Cited by4 opinions

  1. Foote v. FooteMichigan Supreme Court · 1886
  2. Schee v. McQuilkenIndiana Supreme Court · 1877
  3. McCracken v. McCaslinMissouri Court of Appeals · 1892
  4. Hambrick v. JonesMississippi Supreme Court · 1886

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