King v. Bailey
Supreme Court of Missouri
APPEAL from Crawford Circuit Court, 1. The writing upon which Bailey claimed possession is a mortgage. King at least had the rights of Hinton, the mortgagor, by virtue of his purchase at constable’s sale, of the negro girl, as the property of Hinton. — Rec., p. 12; Secus in New York, sed vide Stat. of Mo. 1835, p. 409. 2. The court instructed the jury that Hinton, the mortgagor, was a competent witness. 3. That Hinton, an interested witness, was allowed to testify to the…
Read the full summary
APPEAL from Crawford Circuit Court, 1. The writing upon which Bailey claimed possession is a mortgage. King at least had the rights of Hinton, the mortgagor, by virtue of his purchase at constable’s sale, of the negro girl, as the property of Hinton. — Rec., p. 12; Secus in New York, sed vide Stat. of Mo. 1835, p. 409. 2. The court instructed the jury that Hinton, the mortgagor, was a competent witness. 3. That Hinton, an interested witness, was allowed to testify to the jury, notwithstanding the objections and exceptions of the defendant, King. 4. The court below refused to permit legal and…
1Opinion of the CourtScott, Judge
Bailey brought an action of detinue against King, for a negro girl mortgaged to Bailey by Jacob Hinton. Hinton was indebted to King, and King sued out execution against him, by virtue of which the negro was levied on and sold, and King became the purchaser. The negro, at the time of the execution of the mortgage, was permitted to remain as a nurse with the wife of Hinton, who was a relation of Bailey, and had a large family of children.
On the trial, Bailey obtairfed a verdict and judgment.
On the part of King, it was endeavored to be shown, that the transaction between Bailey and Hinton was…
2Cases cited1 opinion
- Gardenier v. TubbsNew York Supreme Court · 1839
3Cited by12 opinions
- Young v. SchofieldSupreme Court of Missouri · 1896
- Foster v. PotterSupreme Court of Missouri · 1866
- State ex rel. McGrath v. CarrollMissouri Court of Appeals · 1887
- McCord & Nave Mercantile Co. v. BettlesMissouri Court of Appeals · 1894
- Fahy v. GordonSupreme Court of Missouri · 1896
7 more not listed; retrieve them via the Exa API.