Hampton v. Rather
Mississippi Supreme Court
IN error from the Circuit Court of Carroll county. Hon. William L. Harris, judge. The plaintiffs in error, as heirs of William Hampton, deceased, sued the defendant in error in replevin, for the recovery of a slave, Patience, and her increase.
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IN error from the Circuit Court of Carroll county. Hon. William L. Harris, judge. The plaintiffs in error, as heirs of William Hampton, deceased, sued the defendant in error in replevin, for the recovery of a slave, Patience, and her increase. The defendant in error was the sur- . viving husband of Martha K. Irby, who had departed this life in the year 1853. The plaintiffs claimed title under the following deed, executed by William Hampton:— “ State of Mississippi, 1 Holmes county. / “ This indenture, made this fifth day of February, A. D. 1842, by and between William Hampton, of the county…
1Opinion of the CourtSmith, C. J.
This case comes before us upon an agreed state of facts. William Hampton conveyed, by deed of gift, to his daughter, Mrs. Martha K. Irby, “ and the heirs of her body forever,” a certain female slave and her natural increase. Mrs. Irby took possession, under the deed, of the said slave, which, together with two children, her natural increase, are the subject of this suit. Irby, the husband of the donee, died, and his widow intermarried with the defendant in error, and died, never having had issue by either *201marriage. The suit was instituted by the heirs of the donor, from which it may be…
2Cases cited1 opinion
- Powell v. BrandonCourt of Appeals of Mississippi · 1852
3Cited by3 opinions
- Sands v. Old Colony Trust Co.Massachusetts Supreme Judicial Court · 1907
- Jordan v. RoachMississippi Supreme Court · 1856
- Carradine v. CarradineMississippi Supreme Court · 1857