Rucker v. Hamilton

James Hamilton, claiming in right of his wife — to whom, prior to their intermarriage, a tract of land and a slave named Dick and other slaves had been allotted for her dower in her former husband’s estate — sued James P. Rucker, in detinue, for Dick, and, on the general issue, obtained a verdict and judgment.

Rucker resisted the action on two grounds: to-wit. First — that, in virtue of an alleged contract with Mrs. Hamilton, during her widowhood, he was entitled to Dick as long as she should live; and, second — that he had not been in the possession of Dick, or ever detained him.

The chief…