McCarty v. Rountree
Supreme Court of Missouri
Error to Polk Circuit Court. This was a suit commenced by Benjamin F. McCarty and Mary Ann, his wife, for the possession of a slave named Mary and her increase.
Read the full summary
Error to Polk Circuit Court. This was a suit commenced by Benjamin F. McCarty and Mary Ann, his wife, for the possession of a slave named Mary and her increase. The petition stated that Robert Noll, in the state of Tennessee, in 1836, gave the slave Mary to the plaintiff, Mary Ann, his grand-daughter, who was then an infant, residing in the family of her father, Abner F. Noll; that shortly afterwards said Abner F. removed with his family to Polk county, Missouri, "bringing the said slave with him; that in 1838, said Abner F., without the consent of said Mary Ann, sold and delivered said slave…
1Opinion of the CourtRyland, Judge
McCarty and wife brought their civil action in the Circuit Court of Polk county, against Rountree, for the recovery of a negro woman and her two children, slaves. The plaintiffs suffered a nonsuit under the instructions of the Circuit Court — - moved to set the same aside, but failing in their motion, they excepted to the opinions of the court, and bring the case here by appeal.
From an examination of fact? set forth in the record, the main question in the case involves the power of the father, as natural guardian, to manage and control the personal property of his child, which has come to the…
2Cited by4 opinions
- Spillane v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1892
- Higgins ex rel. Higgins v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1865
- Sherwood v. NealMissouri Court of Appeals · 1890
- State ex rel. Festor v. StaedMissouri Court of Appeals · 1896