Gobin v. Hudgens
Supreme Court of Missouri
APPEAL from Livingston Circuit Court. 1. The deed of the first of February, 1847, from William Gobin, to the appellant, vested in him, the said Levi Gobin, the right and title to the slaves in controversy; and bis title thus acquired, is not affected, or in any degree divested by reason of the condition annexed to this conveyance as expressed in the deed. Because the condition is repugnant to the conveyance, and therefore inoperative and void.
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APPEAL from Livingston Circuit Court. 1. The deed of the first of February, 1847, from William Gobin, to the appellant, vested in him, the said Levi Gobin, the right and title to the slaves in controversy; and bis title thus acquired, is not affected, or in any degree divested by reason of the condition annexed to this conveyance as expressed in the deed. Because the condition is repugnant to the conveyance, and therefore inoperative and void. Vide 2nd Cruise’s Digest, p. 5, sections20 and21; 1 BarAbr. 648, 649; 4 Kent, Com. 130, 131 and468; 2nd N. L, E. 352,353. If, however, this deed shall…
1Opinion of the CourtGamble, J.
This was a civil action under the new code of practice to recover slaves. The trial was submitted to the court, and the court found a general verdict for the defendant, without finding the facts as required by the 2nd section of the 15th article of the code. This section requires the decision of the court tobe in writing, and that the facts shall be first stated, and then the conclusion of law upon the facts. The third section provides a mode for having a review in the circuit court of either a question of law or fact, and requires that, for that purpose, a case shall be made, containing so…
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