Laspeyre v. . McFarland

This is an action of trover for a negro slave; and the question is, whether it is the proper action or not. By the marriage settlement the title of the slave is in the trustee, who permitted the plaintiff, however, to have the possession. It is one of the characteristic distinctions between this action and trespass that the latter may be maintained on possession; the former only on property and the right of possession. Trover is to personals what ejectment is as to the realty. In both, title is indispensable. It is true that as possession is the strongest evidence of the ownership of…