Robinson v. Campbell

• Decision Date: 31 January 1844
• Citation: 8 Mo. 365
• Parties: ROBINSON v. CAMPBELL.
• Court: Missouri Supreme Court

8 Mo. 365

ROBINSON

v.CAMPBELL.

Supreme Court of Missouri.

January Term, 1844.

APPEAL FROM COLE CIRCUIT COURT.

HAYDEN and MINOR, for Appellant. 1. The sale of the slave in controversy, at the time, place, and under the circumstances of the case, by Richard Morris to W. Robinson, the plaintiff below, was a valid sale, and vested the plaintiff with an absolute and unqualified right of property in the said slave, and the court erred in giving to the jury the instruction which it gave upon the motion of the defendant, Campbell. 4 Kent's Com., 138; 12 Wendell, 61; 8 Johnson, 96; 2 Atkins, 317; 2 Johns. Ch. R. 97; Story's Equity; 9 Wendell, 80, 258; 11 ibid. 106; 7 Cowen, 290; 1 P. Williams, 261. 2. The court erred in not setting aside the non-suit, and granting to the plaintiff a new trial of the cause, for the reasons exhibited in his motion in the Circuit Court.

KIRTLEY and MILLER, for Appellee. We insist the judgment was rightfully given for the defendant, and that the Circuit Court committed no error for which this court should reverse its judgment, and rely on the following authorities. 1 P. Williams R. 261, Tucker v. Wilson; 4 Mon. R. 345, Wilkins' Administrator v. Sears; Stat. of Mo, 1835, p. 409, title Mortgage; 7 Mo. R, 556, Williams v. Rover; ibid., Desloge v. Ranger, 326; 1 Chitty's Pl 178-9; 8 Law Lib. Coote on Mortgages, 309; 1 Vesey, sen. 278, Kemp v. West brook; 1 Tucker's Com. 105.

NAPTON, J.

This was an action of trover, brought by the plaintiff in error to recover the value of a negro girl named Maria. It appears from the record, that on the 14th January, 1839, the defendant executed to one Richard Morris a deed for said slave, upon consideration of $366 52 to him paid, upon condition that if the defendant should, on or before the 25th December following, pay to said Morris the sum of $366 52, then the right and title to said slave was to return and vest in said Campbell. On the 7th of July, 1840, Morris addressed a note to Campbell, informing him that unless the money due on said instrument, with interest, was paid, he would, at the town of Russellville, on a day named, expose to sale said slave, and hold him responsible for any deficiency, should said slave sell for less than the mortgage debt. It was proved that the sale took place at Russellville, on the day specified (notice of the same having been published in a newspaper in Cole county, six weeks previous to the sale), and that the plaintiff became the purchaser for the sum of sixty-one dollars. It was also proved that the slave, Maria, was in possession of defendant at the commencement of this suit, and that she was worth three hundred dollars. The defendant, at the close of the testimony, moved the court to instruct the jury to find against the plaintiff, as in the case of a non-suit. The court thereupon instructed the jury: 1. That in this case the plaintiff had shown no title to the property, under the sale by the mortgagee, at the time and in the manner as proven by the evidence; and, 2. That the mortgagee had no right to sell...