McDonald v. Walton

• Decision Date: 31 May 1827
• Citation: 1 Mo. 726
• Parties: MCDONALD, ADMINISTRATOR OF POGUE, v. WALTON.
• Court: Missouri Supreme Court

1 Mo. 726

MCDONALD, ADMINISTRATOR OF POGUE,

v.WALTON.

Supreme Court of Missouri.

May Term, 1827.

APPEAL FROM ST. LOUIS CIRCUIT COURT.

TOMPKINS, J.

This is an action of detinue, brought by the appellant, McDonald, as administrator, against Walton, the appellee, to recover certain slaves. The pleas were non detinet, and the statute of limitations; a verdict was found for the defendant on the issues made up; and to reverse the judgment rendered on that verdict, the present appeal is taken. From the facts saved, it appears that the plaintiff's intestate, David Polk, alias Pogue, and Rebecca Walton, intermarried in the State of North Carolina, in the year 1805; that before, and at the time of the marriage, said Polk was possessed of certain slaves, in the bill of exceptions mentioned, and for which, and their descendants, this action was brought. That shortly after said marriage, said Polk and wife removed from North Carolina to Kentucky, and settled on an island in the Ohio river, taking said slaves with them. That in January, 1807 or 8, said Polk died at his residence in Kentucky, and that in the last of February, or first of March, of the same year, the said Rebecca, widow of Polk, left Kentucky, and removed to upper Louisiana, now Missouri, taking with her the aforesaid slaves, and one other, born of one of the first mentioned in Kentucky. That said Polk had no children, and at the time of his death had on family living with him, except his wife and the aforesaid slaves. That in the month of April, of the same year, the said Rebecca intermarried with one Absalom Chapman, a young man without property. That soon after their marriage, Chapman and his wife returned to Kentucky, on a visit, leaving the slaves here, and after an absence of a few months, returned, and settled at Point Labbadie, in St. Louis county, having said slaves in their possession. That after living there more than a year, they removed to some place unknown, in the lower country. That about the year 1815, said Chapman and wife, returned to St. Louis county, bringing with them said slaves and their increase, and remained in possession of them till 1817, when Chapman died, and a few months thereafter said Rebecca died, leaving several children of the marriage. That on the 19th of June, 1826, the plaintiff obtained letters of administration of the estate of said D. Polk, or Pogue. That Chapman appointed said defendant the executor of his last will. That the defendant, having settled the estate of the testator, was appointed guardian to the children of Chapman, by said marriage, and as such, now holds some of the slaves aforesaid. No other material evidence appears to have been given.

The court, at the instance of the defendant, instructed the jury, that if they found, from the evidence, that Walton, and those under whom he holds, have had exclusive possession of any of the slaves in question, for the period of fifteen years, under a claim of title adverse to...