Jones' Administrator v. Covington
Supreme Court of Missouri
Appeal from St. Louis Court of Common Pleas. This was an action to recover a slave which had originally belonged to one John Howdeshell, who, on the 10th of September, 1838, made the following bill of sale: “ Know all men by these presents, that I, John Howdeshell, o£ the state o£ Missouri and county of St. Louis, have this day bargained and sold unto Nathan Jones, of the state and county aforesaid, two black children, slaves, one called Jane, a girl, seven years old, the…
Read the full summary
Appeal from St. Louis Court of Common Pleas. This was an action to recover a slave which had originally belonged to one John Howdeshell, who, on the 10th of September, 1838, made the following bill of sale: “ Know all men by these presents, that I, John Howdeshell, o£ the state o£ Missouri and county of St. Louis, have this day bargained and sold unto Nathan Jones, of the state and county aforesaid, two black children, slaves, one called Jane, a girl, seven years old, the other called Lewis, a boy, four or five years old, for and in consideration of the services and parental affection…
1Opinion of the CourtLeonard, Judge
The question here is, as to the effect of the alleged instrument of gift under which the intestate claimed the slave in controversy, from Howdeshell, the original owner.
This instrument was not a recorded deed, and the possession of the property given did not accompany it, but remained with *165the donor until his death, and the slave was then hired by his administrator to the defendant. The transaction between Howdeshell and the plaintiff’s intestate was an imperfect gift, remunerative it may be for services rendered, but still purely voluntary ; and under the third article of the law of 1835,…
2Cases cited1 opinion
- Swartz v. ChappellSupreme Court of Missouri · 1854