The eastern clarion. [volume] (Paulding, Miss.) 1837-1863, 1859-05-25

David : Co-ln, ct al, v. Norman Fri,bv
This action was brought npon a writing obligatory
executed by the plaintiffs in error. for the conSider
non Of q slave sold by the defendant in error As al
ministrator Of Thomas II. Frislv deceased under
IN order Of the Probate Court, and purchased by Co
In behalf Of the defendant. in the Court below.
Was shown that the slave sold hat been the property
E" one SIMS aud tof the purpose Of showing that the
slave was not the property OF the plaintiff interstate,
Thomas H. Firstly, the defendant offered in evidence
: decd 81 Utt executed 10y sims the 9Th April
lNra, duly executed acknowledged and recorded in
the Office OF the Probate Clerk OF the proper County
conveying the slave the wife Of the plaintitF ~
te-tate-thc defendant, offering To- read the decd
rom the record book of deeds in the Probate CLERKS
once. 10 The reading Of tho deed from the record
book the plaintiff o-eoed and the Court sustained
the objection, she defendants executing.
'Ee defendants then introduced one Allen ~ a Wit
h"-o. Who testified that he purchased SLAVE of The
plaintiff, administrator. at the sa,ue sale ri birh
logan purchased the slave involved in this ca.p IN
January io'4-that M tn" summer Of that year the
tNtlhuH came 70 witness : house, and told him that
he had sold these slaves by mistake having disrny.
'fe that they did not belong TO the estate of Frsbv
ana tlat neither witness nor Coran had got any title
Z" the slaves they purchased and that he wanted Ia
cancel lie sale and take the slaves hack-that nit
ness 90 hrst refused and that plaintiff thep CAV, y,it
/ ness to understand" that he had seen CoEsn M,
hHd 3gr>ed 20 give hack the slave which he ba3 ,,,r
chased ami that witness then cave m III sl,y n
/ He mad hourht-that the slave for which tbc moi,
eRed on was gyen continued in Coeau's possession
GIili the fall of that year. when She died Also one
Flowers who testified that some timc after ths sal.
m January. 1854 he heard the plaintiff saw in tbe
presence OF togan AMI Others that The slaves war,
I tIRlt-tnat moi d.
! estate Of AIRS. Ffisbv '''
Il waS also proved that Mrs Frisbv died refor, he,
! hu>t@hh nv planuhs ntcstate, leaving child
| which was living at the time Of the trial
| The defendants also read in evidence the proceed
liE- OF the iroh0e Court, showing petition bN Ia.
Phnth Tor the sale Of Sundry slaves OF the estate in
GUIDING the one here in question aEi sn order IL,
the sale thereof made AT Iecernhar tar,n lS;S. ~
the report Of sale of the slaves dated ana sworn =, ~
thc5rd OF January, lsj6 showing the sale If tha s
m question Cogan on the gth Januar, ia a,5 "
a NJ
certain other named slaves were sold al the same Inn,
to logan but were ascertained be part Of IN,
estate and belong 10 the estate of Mrs Frishy onf
oIe l:,5 me sale 81 these slaves was cancelled
, ne Pl9ntt then read an evidence the order of IN,
Frrt,ir curt confirming this report ot the sale
| lEe hrSl error assigned j. tie exclusion Of IN,
aSe" % Elt offered to be read in evidence in hehal
~ 1tg agieGdants from the record book in the Pro
The ground OF objection to this evidence. and mo,
Ntn Tue rnE ~ the Court is justified is that thor,
- no Law ia tbs State authorizing the rsrIsfrst !,
The Probate Clerks office Of dec, Of gif, ~ isr
| prHPtr'y' and hence that the record book was no
! evidence Of the deed. " "
IL i true that the statute concerning ,ouvavo,
~ Hos not expressly authorize the registration a
~ "C'I> rnn'eEnS personality Tho third section o
Nl' ret authorizes al dcoiS ~ SeffieDisg, ,, a - !,
.t3c i,r "StdrcS, m0ac, other ptl,0asol JGr IN,
- 80 e 'hN s'd mortgages igAztSostc" 60 he re-
snoc,i ~ ~, ".lth secGon applies 20 "deeds r,
~ wy N''e "l personal property" land u-lich b
..g .a{ft q e E,eJ ga Hutch. Code cas- The sti
= Lo''As all deeds bonds, mortgages or Other /,
sH"nehts =" writing, of or concerninr real az ~
>',iu estate m tins state which may be, aclnovl,f,
| - ~ iHHN'u and certified according Ia law on
i ii - ueHNered to INN to be recorded kc-ih ~
lhvSS provisions II the act concerning couyevancc
would It. taken alone embrace a tSsf ~ y So
| PERSONALLY, IKE the one under copSi.irra. ION -
~" Wy second section of the statute Of Ira,As ,r1
'"t, u'd N 2lN CoHy eyanCe be Of goods ar ,i,ttl
i ~" ~ h,| o. consideration, deemed yalushIe /,
S, " Siu' ue TAKEN TO lie fraudulent within this Act
I'V- tlc same :" by viii duly proved ana record
! ~ ~ y HNed IN writing acknowledged or proved
ana such deed II the same he for real stat fbiI y
acknowledged, or proved and rerIri,i IN tbs CC,,,
"ltI' ,ht ahd conveyed is situated: ana ii for nef
eHhH property, then IN the County wbar, Tho > -
'l reside OF the property shall lie; and ~ meme
N.hl"W'edSnent, an either case, shall he Ak en- a
ihae ana certified IN the same manner a. cCuvaVa,,
- :" anu ana tenemcgtS axe by LaW directed a. ~
',i4'd ~ proved. and recorded tgish.a flr,
eest"E att'} the execution thereof Hutch Cod.
"oA Thus IS c'ear recognition 81 a right to nrove .
ie9ge deed "a glN of personally and to bay
teVMh,d IA the same manner A. deeds for rea 80
a'' At" directed to hc ackuow lodged or n owed am
lr'nrh'di i"r Ia such deed 50 acknowlcdred :,
| PtssNcu anu recorded m conformity TO law h rive
.HSd'N ana validity IN certain very .taaortant lepa
| bP,,N ~ haS direct reference - the provisions 4
1 N"' ACT concerning CONVEYANCE prnHi,I,d that
Sl'h decd Oi SCI; slaii he acknowledged or prove,
'l .'r'ded a. directed 10y that act the deed -ha
." cHe'tl'l TOT the purposes Of the act And il ulls
"erohstfoed ~ though It was pait II the "act COZ
.iu.ns c"hNeNance>" The provisions Of that ae
aIe, therefore applicable 60 deed of gA Of persoI
~ aln iN tiU sth and eth sections above cited, tn
Hl"e IA which AL deeds concerning real persons
$500 arc % y" recorded IA prescribed and the dee
~ question: was recorded IN conformity 20 that &C
s N sIVseYnellt amendsieTy acts regulating the ma
uI' Inc deed in question Was, therefore, properl
Iec9raeda and the objection 10 the records shoul
not have been sustained.