Wilkinson v. Cook

Citations

• 44 Miss. 367

Syllabus

<p>1. Consideration — Slaves—Defense.—In an action brought to recover the amount of a promissory note given prior to the war for certain slaves sold, which the vendor warranted to be slaves for life, it is no valid defense to the action, that, by the results of the war said slaves had become free, and were, therefore, not slaves for life.</p> <p>2. Deeective declaration— Good aeter judgment by deeaudt. — Although the declaration as to the indorsor is clearly defective, and he suffered -judgment to go against him by default, and does not join in this writ, yet as both the note and judgment are joint and several, the makers cannot avail of such defect or irrogularity.</p> <p>3. Amnesty act. — A plea that plaintiff, whilst a holder of the .note sued, was a citizen of a state engaged in rebellion, and under the act of congress July, 17 1862, she not having returned to her allegiance forfeited her right to sue, and owning property of greater value than $20,000, was not embraced in the amnesty act., etc., is bad, there being no such thing as a statutory forfeiture without judicial sentence.</p>