Hinds v. Brazealle

3 Miss. 837 (1838)

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Hinds v. Brazealle

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

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.)

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