Cotten v. Thompson

— An execution Avas issued against Solomon Spence in favor of tbe defendant in error, and was levied upon a slave then in the possession of one Savery. The plaintiff in error claimed the slave as his own, and made the oath and gave bond to try the right of property according to the statute. Upon the trial the testimony tended to show, that the slave belonged jointly to the claimant and to Savery, in whose possession he was at the time of the levy. The court instructed the jury, that if they believed that Savery had the possession of the slave at the time of the levy, and claimed and owned…