Smith v. Hutchings
Supreme Court of Missouri
Appeal from Ray Circuit Court. In the year 1846, John S. Bright, then living in Mercer county, Kentucky, executed a deed conveying, together with other property, a slave named Fanny to Harold F. Smith, also a resident of Kentucky, in trust for the wife and children of the said Bright.
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Appeal from Ray Circuit Court. In the year 1846, John S. Bright, then living in Mercer county, Kentucky, executed a deed conveying, together with other property, a slave named Fanny to Harold F. Smith, also a resident of Kentucky, in trust for the wife and children of the said Bright. The said slave was to be held by said trustee for the use and benefit of the said wife and children, the trustee being directed to dispose of, sell and control said slave and other property according to the written directions of the wife, she never taking absolutely more than a child’s part. This deed was…
1Opinion of the CourtNapton, Judge
We are not called upon in this case to express any opinion in relation to so much of the instruction given by the circuit court upon the trial as relates to the title of Mrs. Bright. The instruction declared that Mrs. Bright parted with her interest in the slave sued for by joining in the bill of sale, and as the judgment is acquiesced in by the party representing her interest, the propriety of the direction is not a matter for our consideration.
But it is insisted by the party complaining that the instruction should have further declared that the sale by the husband passed the title of the…
2Cases cited2 opinions
- Glasgow v. Ridgeley & AllenSupreme Court of Missouri · 1847
- Walsh v. AgnewSupreme Court of Missouri · 1849
3Cited by7 opinions
- Coker v. HayesSupreme Court of Florida · 1878
- National Bank of Commerce v. MorrisSupreme Court of Missouri · 1893
- Feurt v. RowellSupreme Court of Missouri · 1876
- Chaney v. Phœnix InsuranceMissouri Court of Appeals · 1895
- Reber v. TowerMissouri Court of Appeals · 1881
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