Lawrence v. Lawrence's
Supreme Court of Missouri
Error to Callaway Circuit Court. ' This was an action for the possession of a negro slave named Sam. Plaintiff relied for proof of title upon a deed executed by defendant’s testator.
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Error to Callaway Circuit Court. ' This was an action for the possession of a negro slave named Sam. Plaintiff relied for proof of title upon a deed executed by defendant’s testator. By this deed, Edward Lawrence, defendant’s testator, sold and conveyed said negro boy Sam to one Rice, “ in trust however,” so the deed proceeds to declare, “ for the uses hereinafter mentioned, viz : said negro slave is to be by said Rice taken into immediate possession, and hired out, and the proceeds of said hire to be applied to my benefit during my natural life, and immediately after my death said slave is…
1Opinion of the CourtScott, Judge
Slaves, by our laws, are personal estate. It is said in the books that a gift by deed of chattels will pass the property, though there is no delivery of the thing given — the deed operating by way of estoppel. (Schwartz v. Chappell, 19 Mo. 304.) When the deed under which the plaintiff claims was executed, the statute requiring all gifts of slaves to be by will or deed duly proved or acknowledged and recorded was repealed. This case then stands on the effect of the deed at common law. In Morrow v. Williams, 8 Dev. N. C. 263, it is held that a deed will pass a title to a slave by way of gift,…
2Cases cited2 opinions
- Souverbye v. ArdenNew York Court of Chancery · 1814
- Swartz v. ChappellSupreme Court of Missouri · 1854