Alderson v. Biggars
Virginia Chancery Court
THE plaintiff in an action of detinue, recovered of the defendant Biggars, seven negroes by name, and SQL damages and costs ; from which there was an appeal, which went to the Court of Appeals, where the judgment of the Court-below was affirmed: to enforce which the plaintiff issued a distringas ca, sa. directed to the sheriff of Prince Edward County.
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THE plaintiff in an action of detinue, recovered of the defendant Biggars, seven negroes by name, and SQL damages and costs ; from which there was an appeal, which went to the Court of Appeals, where the judgment of the Court-below was affirmed: to enforce which the plaintiff issued a distringas ca, sa. directed to the sheriff of Prince Edward County. Biggars, to avoid the delivery of the negroes, while the deputy-sheriff held the process, sold them to the other defendants (except the deputy-sheriff,) who purchased, knowing the circumstances; and the deputy-sheriff, in satisfaction of the…
1Opinion of the Court
By the Chancellor.
If the law affords an adequate remedy in this case, the application to this Court is improper; but if the law does not, this is, then, the proper Court.
The counsel differed upon this subject. But I will not indulge a belief, that the geographical situation of counsel can have any influence upon their judgments, with respect to the jurisdiction of either Court; but, be this as it may, *471the Court must act upon principie ; and here let me premise, that a Court of Chancery should, to be really useful to the people, confine itself to those cases where a party is without remedy, or…
2Cases cited1 opinion
- Terrell v. DickCourt of Appeals of Virginia · 1799