Legal Opinion

Whitfield v. Whitfield

Mississippi Supreme Court

Decided April 15, 1866PublishedCited by 24 opinions

Error to tbe Circuit Court of Monroe county. lion. W. H. Kilpatrick, judge. At the May Term, 1863, Margaret "Whitfield, administratrix of Needham A. Whitfield, instituted her action of detinue to recover from Hatch Whitfield tbe following property: slaves Jack, and Lucy bis wife, and their four children, Georgiana, Julia, Ben, and Daniel; Barney, and Sarah his wife; two mules, one bay mare, one yoke of oxen, one ox-wagon, six bead of cattle, nineteen head of bogs.

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Error to tbe Circuit Court of Monroe county. lion. W. H. Kilpatrick, judge. At the May Term, 1863, Margaret "Whitfield, administratrix of Needham A. Whitfield, instituted her action of detinue to recover from Hatch Whitfield tbe following property: slaves Jack, and Lucy bis wife, and their four children, Georgiana, Julia, Ben, and Daniel; Barney, and Sarah his wife; two mules, one bay mare, one yoke of oxen, one ox-wagon, six bead of cattle, nineteen head of bogs. Hatch Whitfield pleaded tbe general issue of non detinet to the action. Catharine "Westbrook, a witness for plaintiff in the court…

1Opinion of the CourtHahRis, J.

The defendant in error filed his action of detinue in the court below, to recover the possession of personal property alleged to belong to the estate of her intestate, and to be in the possession of the plaintiff in error. There was a verdict for the defendant in error on the issue joined, a motion for a new trial, and bill of exceptions, on the refusal thereof, and the cause is brought to this court by writ of error.

Numerous errors are assigned, which we will notice in their order.

The first is that the court erred in permitting the witness Cason to testify as to the value of the property in…

2Cases cited3 opinions

  1. Lee v. MathewsSupreme Court of Alabama · 1846
  2. Cannon v. FolsomSupreme Court of Iowa · 1855
  3. Tatum v. ManningSupreme Court of Alabama · 1846

3Cited by24 opinions

  1. COMMUNITY BANK, ELLISVILLE, MS v. CourtneyMississippi Supreme Court · 2004
  2. Pegram v. StortzWest Virginia Supreme Court · 1888
  3. Regency Nissan, Inc. v. JenkinsMississippi Supreme Court · 1996
  4. Memphis &. Charleston R. R. v. WhitfieldMississippi Supreme Court · 1870
  5. Chicago, St. Louis & New Orleans Railroad v. ScurrMississippi Supreme Court · 1882

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