Baylor v. Smithers' heirs

Opinion of the Court.

THIS was an action of detinue, brought, in the court below by the heirs of Smithers, to recover from Baylor a negro girl named Jane.

A trial was had on the general issue, and a verdict found for Baylor ; but on the motion of the heirs, a new trial was awarded by the court, on the ground of John Cockrell, who was introduced as a witness by the heirs, having been rejected on the trial as an incompetent witness.. A second trial was had at a subsequent term, and a Verdict and judgment recovered by the heirs. Instructions were asked of the court to the jury, by Baylor, during…