Johnson v. Jeffries
Supreme Court of Missouri
Appeal from Greene ■ Circuit Court, The facts sufficiently appear in the opinion of the court. , I. The court erred, in excluding from the jury the deed from Bartlett to plaintiff. As between the parties to the deed, it is valid, although not acknowledged or proved, as the law requires to make it good against third persons. The defendant does not claim that he is the owner of the slave, but that plaintiff is not.
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Appeal from Greene ■ Circuit Court, The facts sufficiently appear in the opinion of the court. , I. The court erred, in excluding from the jury the deed from Bartlett to plaintiff. As between the parties to the deed, it is valid, although not acknowledged or proved, as the law requires to make it good against third persons. The defendant does not claim that he is the owner of the slave, but that plaintiff is not. He is not a third party within the meaning of the eighth section of the act concerning fraudulent conveyances. (E. C. 1855, p.-, § 8.) The evidence shows conclusively that the slave…
1Opinion of the CourtEwing, Judge
This was an action to recover the possession of a slave which was alleged to be unlawfully detained by Jeffries. The plaintiff’s claim is based upon a mortgage or deed of trust with power of sale executed to him by one Bartlett to secure the payment of certain promissory notes in which he was Bartlett’s security, and which he alleges he paid, whereby he became entitled to the possession of the slave.
The answer denied that Bartlett was the owner of the slave, and that the defendant unlawfully detained her from plaintiff’s possession. On the trial the plaintiff offered the deed in evidence,…
2Cited by13 opinions
- Hass v. LevertonSupreme Court of Iowa · 1905
- Mead v. MaberryMissouri Court of Appeals · 1895
- Wright v. BrownHawaii Supreme Court · 1898
- Carroll Exchange Bank v. First National Bank of CarrolltonMissouri Court of Appeals · 1892
- Duke, Lennon & Co. v. DukeMissouri Court of Appeals · 1902
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