Montgomery v. Black
General Court of Virginia
Refeeyin for a negro slave. The sheriff returned, «‘replevied and delivered, and the defendant summoned.’ The state of the case was, that James Black, of Now-Castle county, in the state of Delaware, died in possession of the negro in question. That by his will he appointed four executors, the plaintiffs and George Black, and Wallace, who renounced. That George Black died, leaving the plaintiffs surviving executors, and by his will appointed the defendant his executor.
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Refeeyin for a negro slave. The sheriff returned, «‘replevied and delivered, and the defendant summoned.’ The state of the case was, that James Black, of Now-Castle county, in the state of Delaware, died in possession of the negro in question. That by his will he appointed four executors, the plaintiffs and George Black, and Wallace, who renounced. That George Black died, leaving the plaintiffs surviving executors, and by his will appointed the defendant his executor. The negro was In the possession of George Black at his death, and after his death continued in the possession of the…
1Opinion of the Court
Chase, Ch. J.
In the present instance the court are not to take into consideration the right of property. The possession of one executor is the possession of all. The defendant did not obtain the possession with proper authority or right from the plaintiffs; therefore the motion cannot be granted; and the court are of opinion that the return of the negro slave ought not to be awarded.
Motion Refused.
2Cited by3 opinions
- Murray v. HurstCourt of Appeals of Maryland · 1932
- Crothers v. CrothersCourt of Appeals of Maryland · 1913
- Dermer v. FaunceCourt of Appeals of Maryland · 1947