Callis v. Tolson's Ex'rs
Court of Appeals of Maryland
Appeal from Prince Georges county court. This was an action of replevin for four negroes; a woman and three boys, commenced by the appellees as the executors of Francis Tolson, against the appellant on the 8th of March, 1831. The defendant pleaded property in himself, and the act of limitations, to which there were issues. 1. At the trial the plaintiffs proved themselves to be the executors of Francis Tolson, and then offered to prove by the widow of the deceased, that the…
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Appeal from Prince Georges county court. This was an action of replevin for four negroes; a woman and three boys, commenced by the appellees as the executors of Francis Tolson, against the appellant on the 8th of March, 1831. The defendant pleaded property in himself, and the act of limitations, to which there were issues. 1. At the trial the plaintiffs proved themselves to be the executors of Francis Tolson, and then offered to prove by the widow of the deceased, that the negro woman in the declaration mentioned, was originally the slave of said deceased, and was sent by him about nineteen…
1Opinion of the Court
Buchanan, Ch. J.,
delivered the opinion of the court.
The suit is in replevin by the executors of Francis Tolson, for certain negroes named and described in the writ,, as the mother and her three children, to which there are' three pleas; property in the defendant;, non cepit within three years, &c.; and actio non accrevit within three years, &c.
At the trial the plaintiffs offered to prove by the widow of Francis Tolson, that the woman named in the declaration was originally the slave- of the deceased, and was, about nineteen or twenty years before, sent by him to the house-of the defendant,…
2Cited by2 opinions
- Belt v. MarriottCourt of Appeals of Maryland · 1850
- Campbell v. ShipleyCourt of Appeals of Maryland · 1874