Folden v. Hendrick
Supreme Court of Missouri
Appeal from Greene Circuit Court. This was a suit commenced before a justice of the peace to recover the value of a watch alleged to have been wrongfully taken from the possession of plaintiff.
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Appeal from Greene Circuit Court. This was a suit commenced before a justice of the peace to recover the value of a watch alleged to have been wrongfully taken from the possession of plaintiff. Upon the trial in the circuit court, to which the cause was taken by appeal, the plaintiff introduced the following testimony : One G. Philips, examined in behalf of plaintiff, testified, “ that some time before the commencement of the suit, in the spring of 1855, he, witness, as constable, had apprehended a negro man belonging to one Huralstou for supposed offences, and while the negro was in his…
1Opinion of the CourtScott, Judge
There is no doubt of the principle that the property of the slave belongs to his master. Whatever a slave acquires a right to, the master may sue for and recover in his own name. If a thing belonging to a slave is stolen, it must be alleged in an indictment for the felony that it was the property of the master. But while this is certainly the law, if masters do not interfere with nor object to the disposition that their slaves may make of the property which they are willing should be owned by them, it is not for strangers to interfere and deny the validity of any transfer of his property…
2Cases cited3 opinions
- Beck v. FerraraSupreme Court of Missouri · 1853
- Crump v. McMurtrySupreme Court of Missouri · 1844
- Barley v. CannonSupreme Court of Missouri · 1853
3Cited by3 opinions
- Weese v. BrownSupreme Court of Missouri · 1890
- Hulett v. NugentSupreme Court of Missouri · 1879
- Hough v. American Surety Co.Court of Appeals of Kansas · 1901