Marshall v. King
Court of Appeals of Mississippi
On appeal from the probate court of Franklin county. The defendants in error, by their next friend, filed a petition in the probate court of Franklin county, which states that their mother, who was the owner of sundry slaves, and a widow, in December, 1843, married J. Marshall, and died in 1847, leaving complainants’ children by her first marriage, and one child by her last marriage, as her heirs at law.
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On appeal from the probate court of Franklin county. The defendants in error, by their next friend, filed a petition in the probate court of Franklin county, which states that their mother, who was the owner of sundry slaves, and a widow, in December, 1843, married J. Marshall, and died in 1847, leaving complainants’ children by her first marriage, and one child by her last marriage, as her heirs at law. That J. Marshall was their guardian, and in possession of the slaves of their mother, but refused to inventory the shares of defendants in error in the said slaves. We think the demurrer…
1Opinion of the CourtJustice Yerger
On the 14th day of December, 1843, Josiah Marshall intermarried 'with Missouri King, and on the 13th day of February, 1846, Adathea Marshall, the only child and issue of this marriage, was born. Mrs. Marshall died during the year 1847, and left her surviving, the appellees, the children of a former marriage, and the appellant, a child by the last marriage. At the date of the marriage with Marshall, Mrs. King possessed certain slaves in her own right, of which slaves, she died seized. The appellees contend, that they are entitled to distribution of the slaves in equal portion, with their half…
2Cases cited1 opinion
- Woodin v. BagleyNew York Supreme Court · 1835
3Cited by15 opinions
- Baker v. Tulsa Bldg. & Loan Ass'nSupreme Court of Oklahoma · 1936
- Gladney v. SydnorSupreme Court of Missouri · 1903
- Becraft v. LewisMissouri Court of Appeals · 1890
- State ex rel. Hounsom v. MooreMissouri Court of Appeals · 1885
- Crump v. GuyerSupreme Court of Oklahoma · 1916
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