Smith v. Allen
Mississippi Supreme Court
Appeal from the Chancery Court of Marshall county. Hon. James F. Trotter, chancellor. The decree of the court below was, that the defendants (now appellants) should restore the slave sued for, and pay hire for the time they had had him in possession. From this decree the defendants appealed. It is manifest from the proofs in this case that the slave Elijah was given by Allen to his wife, November 3, 1858, in contemplation of their removal from the State.
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Appeal from the Chancery Court of Marshall county. Hon. James F. Trotter, chancellor. The decree of the court below was, that the defendants (now appellants) should restore the slave sued for, and pay hire for the time they had had him in possession. From this decree the defendants appealed. It is manifest from the proofs in this case that the slave Elijah was given by Allen to his wife, November 3, 1858, in contemplation of their removal from the State. There was no motive for the gift, unless it was made in contemplation of removal. In this State the slave was by law secured to Allen during…
1Opinion of the CourtHandy, J.
The bill in this case was filed by the appellees to recover a slave in the possession of the appellants. '
It appears that the appellants were judgment creditors of David J. Allen prior to the 3d November, 1858 ; that Allen had in his possession a slave which he had selected and claimed as his property exempt from execution under the statute, and that on that day he executed a deed of gift of this slave to his wife, they being then residents of this State, where they had resided for three or four years, and he the head of a family; that Allen, being a preacher of the Methodist church, and…
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