Legal Opinion

Peers v. Davis' Administrators

Supreme Court of Missouri

Decided October 15, 1859PublishedCited by 18 opinions

Appeal from St. Francois Circuit Court. This was an application to the county court for the allowance of a demand against the estate of Luke Davis. The foundation of the demand on a promissory note for one hundred dollars given by said Davis to one Milton Sebastian. This note was given in part consideration of the sale of a female slave named Katy, and was assigned to plaintiff.

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Appeal from St. Francois Circuit Court. This was an application to the county court for the allowance of a demand against the estate of Luke Davis. The foundation of the demand on a promissory note for one hundred dollars given by said Davis to one Milton Sebastian. This note was given in part consideration of the sale of a female slave named Katy, and was assigned to plaintiff. The bill of sale executed by said Sebastian, so far as it is necessary to set forth the same, is as follows : “ Know all men by these presents, that I, Milton Sebastian, of, The evidence tended to show that at the…

1Opinion of the CourtEwing, Judge

The exceptions to the ruling of the court below, insisted on here, are in excluding the evidence of Koen, administrator of Davis, and one of the defendants ; refusing the second instruction asked by appellant, and overruling motion for a new trial.

Upon the first point it does not very clearly appear what was proposed to be proved by the witness Koen. It was stated generally to be representations made by Sebastian, the vendor of the slave in controversy, at the time he sold her *188to Davis. If these representations referred to the transaction of sale, or any thing relating to the contents of the…

2Cases cited1 opinion

  1. Board of President of the St. Louis Public Schools v. HammondSupreme Court of Missouri · 1855

3Cited by18 opinions

  1. Hamm v. HammMissouri Court of Appeals · 1969
  2. Parker v. MarquisSupreme Court of Missouri · 1876
  3. Fretwell v. LaffoonSupreme Court of Missouri · 1882
  4. Alvin Fruit & Truck Ass'n v. HartmanMissouri Court of Appeals · 1909
  5. Houston's Admr. v. Thompson's Admr.Missouri Court of Appeals · 1901

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