Hinds v. Brazealle

3 Miss. 837 (1838)

From our private database of 46,300+ case briefs, written and edited by humans—never with AI.

Hinds v. Brazealle

Mississippi High Court of Errors and Appeals
3 Miss. 837 (1838)

  • Written by Haley Gintis, JD

Facts

In 1826, Elisha Brazealle traveled with two slaves from Mississippi to Ohio to execute a deed of emancipation, which was permissible under Ohio law. Elisha claimed that one of the slaves with whom he traveled, John Monroe Brazealle (defendant), was his son. The other slave was John’s mother. After executing the deed, Brazealle traveled with John and John’s mother back to Mississippi. Brazealle then executed a will devising his property to John. Upon Elisha’s death, Hinds (plaintiff), who was Elisha’s heir at law, filed an action in Mississippi state court against John to receive ownership of the estate. Hinds argued that the emancipation deed was void as contrary to Mississippi law and, therefore, John was still a slave and could not hold property. The state court returned a verdict for Hinds. John appealed.

Rule of Law

Issue

Holding and Reasoning (Sharkey, C.J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 815,000 law students since 2011. Some law schools even subscribe directly to Quimbee for all their law students.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

Here's why 815,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 815,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,300 briefs - keyed to 988 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership