Tucker v. Magee

The defendant’s counsel does not contend that the writing, which in the bill of exceptions is called a deed of gift, was an escrow, and we are entirely satisfied it was not. Hence, in this opinion, we will treat it, not as a writing delivered to a third person as an escrow, but as a deed. But the counsel contends, nevertheless, that Elizabeth C. Acre, now Mrs. Tucker, had not a present right of possession of the slave, and consequently could not maintain an action of trover. The question therefore, is, whether or not she had a present right,. *103and this leads us into the circumstances of the…