Linville v. Black

Black having, as constable, several executions of fieri facias against one Rudd, levied them op a slave (Joe) in his possession, mortgaged by him, more than two months before, to Haley and Linville, by a deed which had not been recorded; and the mortgagees having, on the next day, taken the slave from the possession of Black, without his consent, and sold or otherwise converted him to their own use, he sued them, in an action of trover and conversion, and recovered a judgment for damages equal to his estimated value. Against that judgment they now urge two objections:—first—that there was no…