William C. S. Ventress Et Al., Executors of Lovic Ventress, Deceased, Plaintiffs in Error v. Neal Smith Book Reviews

William C. S. Ventress Et Al., Executors of Lovic Ventress, Deceased, Plaintiffs in Error v. Neal Smith by United States Supreme Court Book Summary

This case comes up from the district court of the district of Mississippi, upon a writ of error. It is an action of detinue, to recover five negro slaves, of which John Clark, deceased, was the owner. The plaintiff, in the court below, prosecuted, as administrator ad colligendum, under letters of administration granted by the judge of probate of Wilkinson county, in the state of Mississippi. The action appears, by the record, to have been commenced in the year 1822 against Lovic Ventress; and after the cause was at issue, and before trial, Lovic Ventress died, and a scire facias, tested the first Monday in April 1823, was issued against Elizabeth Ventress, administratrix, &c., who afterwards appeared in court, and the cause, as is stated upon the record, was legally continued. At a subsequent term of the court, the cause being legally continued, as is alleged, the death of the defendant, Elizabeth Ventress, the administratrix, was suggested and admitted to be true; and thereupon a scire facias was issued to the present defendants in the court below, as executors of Lovic Ventress, tested the first Monday in October 1826, and due service thereof upon the defendants was returned. The record then states that afterwards, in January term 1834, to which term the cause was regularly continued by consent, the parties appeared by their attorneys, and the cause was tried, and a verdict found for the plaintiff. Upon the trial two bills of exceptions were taken. One in relation to the admissibility of evidence, and the other upon instructions given by the court to the jury upon the merits of the case; which will be noticed hereafter. It will be necessary, in the first place, to dispose of two objections, arising upon the record, which have been raised against the plaintiff's right to maintain the present action:

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William C. S. Ventress Et Al., Executors of Lovic Ventress, Deceased, Plaintiffs in Error v. Neal Smith (United States Supreme Court) Book Reviews 2024

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