Smith Thompson

“ It is incumbent on the plaintiff to make out the error clearly and satisfactorily; every reasonable intendment should be in favor of the judgment; and we think the exception too vague to justify a reversal of the judgment.
4. This second bill of exceptions embraces the merits of the case, and turns upon the validity of the purchase of the slaves by Lovic Ventress in his lifetime. ”

“ The very form of the interrogatory, shows the question to have had relation to some antecedent inquiry, and is vague and indefinite. 'Were they not sent away, or intrusted to some person (naming no one) to be removed and sold by the administrator or administratrix, or other personsal representative of John Clark?' It seemed to be a fishing inquiry, that would hardly admit of a direct and positive answer. Had it been a direct question to some specific fact, the belief of the witness would be no legal answer. The belief of a witness is a conclusion from facts. ”

“ It has sometimes been contended, that a bona fide purchase for a valuable consideration and without notice, was equivalent to a purchase in market overt under the English law, and bound the property against the party who had right. ”

“ The proceedings, as stated upon the record to continue the cause, appear to have been in conformity to a statute of that state, (Mississippi Statutes 238,) which provides that, when any suit shall be depending in any court, and either of the parties shall die before judgment, the executors or administrators of the deceased, in case the cause of action by law survives, shall have full power to prosecute or defend such action; and the court is authorized and required to render judgment for or against the executor or administrator, as the case may require ”

“ The instruction prayed, however, was subject to the decision of the jury upon that point; and we assume, in the consideration of the case, that Lovic Ventress was a bona fide purchaser without notice, and rest the question entirely upon the want of authority in the administratrix of Clark to sell the slaves. It may be observed, in the first place, that the letters of administration to her were revoked before the sale to the defendants' testator. ”

“ It is a general rule of law, that a sale by a person who has no right to sell, is not valid against the rightful owner. Authority given to executors and administrators to sell, is a personal trust and must be strictly pursued ”