Shelton v. Marshall
Texas Supreme Court
Error from Fort Bend. Tried before the Hon. Constantine W. Buckley. Suit by Samuel H. She'ton against Benjamin G-. Marshall and William Wade, on their promissory note, dated Sept. 4th, 1837, for $3,874 65, due Jan’y 1st, 1839, and payable to the plaintiff.
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Error from Fort Bend. Tried before the Hon. Constantine W. Buckley. Suit by Samuel H. She'ton against Benjamin G-. Marshall and William Wade, on their promissory note, dated Sept. 4th, 1837, for $3,874 65, due Jan’y 1st, 1839, and payable to the plaintiff. The defence ultimately relied on, was that in 1836, in Madison County, State of Mississippi, defendant Marshall and one John T. Boteler, both citizens of said County and State at the time, purchased in said County and State, of plaintiff, a lot of negro slaves, introduced into said State of Mississippi, for sale as merchandize ; that they…
1Opinion of the CourtWheeler, J.
This was a suit by plaintiff, who is appellant, upon a promissory note. The defence relied on was that it was given in the State of Mississippi, for slaves introduced into that State as merchandize, and for sale, after the 1st day of May, 1833, in violation of the Constitution of the State.— The clause of the Constitution, on which the' defence rests, was adopted as an amendment, in 1832 ; and is as follows : “ The introduction of slaves into this State, as merchandize, or for sale, shall be prohibited, from and after the first day of May, 1833.” The effect of this provision came under…
2Cases cited2 opinions
- Armstrong v. TolerSupreme Court of the United States · 1826
- Davenport v. MasonMassachusetts Supreme Judicial Court · 1818
3Cited by27 opinions
- McDonough v. ZamoraCourt of Appeals of Texas · 1960
- Gorman v. GauseTexas Commission of Appeals · 1933
- Penny v. PowellTexas Supreme Court · 1961
- Read v. SmithTexas Supreme Court · 1883
- Stanard v. Sampson Et Ux.Supreme Court of Oklahoma · 1909
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