Whitfield v. Whitfield

Citations

• 44 Miss. 254

Syllabus

<p>1. Detinue — Description of the property. — In detinue for personal property, whero slaves wero described in the declaration, some by their ñamo and age, some by name and complexion, and some by name, age, and complexion, and mules by their color, or by their sex, color, and age ; and other property, as two yoke of oxen, one wagon, six head of cattle, nineteen head of hogs, etc., such description is held to be sufficient.</p> <p>2. Witness — Intebest— Competency. — H., the witness, married S., who was the daughter of the defendant H. W., and also the sister of N. W., the docoased husband, and intestate of M. W., the plaintiff in the suit. K. W. left no brother or sister (except tho plaintiff), nor descendants. Tho plaintiff waB, thoroforc, presumptive heir of H. W., the defendant, and heir to her deceased brother, N. W., to the extent of half of his estate. Held: That W. H. was competent as a witness for tho defendant in the canso. 39 Miss., 447; ib., 471; Groonl. Ev., § 342.</p> <p>3. Detinue — Title—Divestube of, aftee suit brought. — Damages.—Whoro the plaintiff sued in detinue for a slave, undor a right dorived from one who held a life interest in it, bub pending tlie suit such person died, and the plaintiff and defendant and others thereupon became joint owners of the slave, this will constitute a good defense to the action; but it must be pleaded pvAs darien continuance, And a plaintiff in detinue whose title to the property sued for is legally divested after suit brought, and before trial, can recover nothing beyond his damages for detention, to the time of such divestiture, and the costs of suit.</p> <p>4. Same. — If the defendant be legally evicted or dispossessed of tho proporty, it is a good defense to the action of detinue. So if the plaintiff sells one of the slaves sued for, after action brought and pending litigation, judgment must be for the defendant as to such slave, it boing necessary that the plaintiff should have tho right of possession at th