Kemp v. Holland
Supreme Court of Missouri
APPEAL from Callaway Circuit Court, (In Chancery.) 1st. That the slave did not come to Smith in right of the wife. On the death of her father, Smith acquired a right to her distributive share of the personal estate, (slaves being such by the laws of Virginia,) which authorized him to sell, assign, or dispose of it as he pleased. — . Wallace vs. Taliafero, 2 Call. Rep. 447, 491. At the sale, Smith purchased the slave Sophia.
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APPEAL from Callaway Circuit Court, (In Chancery.) 1st. That the slave did not come to Smith in right of the wife. On the death of her father, Smith acquired a right to her distributive share of the personal estate, (slaves being such by the laws of Virginia,) which authorized him to sell, assign, or dispose of it as he pleased. — . Wallace vs. Taliafero, 2 Call. Rep. 447, 491. At the sale, Smith purchased the slave Sophia. He had a right to hid or not, at his election; and consequently, stands precisely in the condition of any other purchaser. His purchases at this sale amounted to more than…
1Opinion of the CourtScott, J.
John Kemp, in April, 1844, filed his bill for an injunction and relief in the Callaway Circuit Court, in which it is set forth that he intermarried with Elizabeth Smith, widow of Samuel Smith, dec’d, who died in Warren County, in the year 1840. That Samuel Smith died leaving children by a former wife, and without children by his last wife. That his wife, the said Elizabeth Smith, prior to her marriage with the said Samuel Smith, had received as a distributive share from the estate of her father, a slave named Sophia, who since has had two children. That the said Samuel Smith died in solvent…
2Cited by1 opinion
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