Garth v. Everett
Supreme Court of Missouri
Error to Morgan Circuit Court. By bringing tbe suit for the value oí the slave, Garth abandoned his property in her, and by the judgment in that suit, or at any rate, by the judgment and satisfaction of the same, the title to the slave, Celia, became completely vested in Everett. 2 Kent, 886-7. Foreman v# JVeilsoji, and JYorrill v# Corley, 2 Rich. S. 0. Eq.
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Error to Morgan Circuit Court. By bringing tbe suit for the value oí the slave, Garth abandoned his property in her, and by the judgment in that suit, or at any rate, by the judgment and satisfaction of the same, the title to the slave, Celia, became completely vested in Everett. 2 Kent, 886-7. Foreman v# JVeilsoji, and JYorrill v# Corley, 2 Rich. S. 0. Eq. Rep. 288. 1 Rawle, 121. 4 ib. 285-6. After the judgment and satisfaction, Everett’s title to the slave, Celia, related back to the time of the conversion, or at least, to the time of the institution of the first suit, and by the rule of…
1Opinion of the CourtScott, Judge
This was an action for a slave, Jacob, a child. It appears that Garth brought an action of trespass against Everett, for taking and converting to his use a negro woman slave, the property of Garth. In this suit, Garth recovered damages equivalent to the value of the slave. - There was an execution on this judgment, which was satisfied. During the pendency of the action just referred to, the woman slave, who was the subject of the controversy, was delivered of a child, and Garth *492bas now brought this suit to recover the value of the child which was taken and converted by Everett to his .use.…
2Cases cited2 opinions
- Harger v. M'MainsSupreme Court of Pennsylvania · 1835
- Lewis v. DavisSupreme Court of Missouri · 1832
3Cited by4 opinions
- Wade v. GouldSupreme Court of Oklahoma · 1899
- Edmonston v. WilsonMissouri Court of Appeals · 1892
- Rogers v. GageMissouri Court of Appeals · 1894
- Stewart v. DentSupreme Court of Missouri · 1856