Duncan v. Johnson
Mississippi Supreme Court
This is a controversy between the appellee, Mrs. Sarah M. Johnson, who asserts title to the slaves named in the bill, as her distributive share of her first husband’s estate, and the appellant Duncan, who claims them by virtue of a purchase at a sheriff’s sale under a judgment against Peter G. Johnson, her second husband; they having been sold as his property. The slaves it seems were the property of L. B. Richie, the former husband of appellee.
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This is a controversy between the appellee, Mrs. Sarah M. Johnson, who asserts title to the slaves named in the bill, as her distributive share of her first husband’s estate, and the appellant Duncan, who claims them by virtue of a purchase at a sheriff’s sale under a judgment against Peter G. Johnson, her second husband; they having been sold as his property. The slaves it seems were the property of L. B. Richie, the former husband of appellee. He died in February, 1836, without a will, leaving the appellee and one child. William Dean administered on the estate, at February term of the…
1Opinion of the CourtJustice Smith
There is no pretence for saying that there had been a valid distribution of the estate of Leonard B. Richie, the former husband of the appellant, before that made in 1841.
It seems to be equally clear, that, before that distribution, Johnson and wife did not act upon the assumption that any distribution had been made, by asserting a right of property to *132any specific portion of the decedent’s estate which can bo regarded as a consummation of the general right of distribution, which vested in Mrs. Johnson on the death of her former husband in 1836. Up to the period of distribution, the legal…
2Cases cited1 opinion
- Gregory's Administrator v. Marks's AdministratorSupreme Court of Virginia · 1823
3Cited by4 opinions
- Anderson's Ex'r v. Anderson's HeirsSupreme Court of Alabama · 1861
- Harder v. ArcherMississippi Supreme Court · 1854
- Tinnin v. PriceMississippi Supreme Court · 1854
- Lanehart v. JeterMississippi Supreme Court · 1859