Legal Opinion

Ponder v. Moseley

Supreme Court of Florida

Decided January 15, 1848PublishedCited by 19 opinions

Appeal from Leon Circuit Court. The appellees as administrarira de horns iron, instituted an notion of detinue, against the appellant in Leon Cireiii; CWri to l-movc" sundry slaves in the possession oi dcibadant below, alleged to ho the property of Samuel Parkhill, deceased. The declaration contains two counts in usual form — one alleging a delivery by plaintiffs and a detention after demand — the other a finding by defendant and a like detention.

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Appeal from Leon Circuit Court. The appellees as administrarira de horns iron, instituted an notion of detinue, against the appellant in Leon Cireiii; CWri to l-movc" sundry slaves in the possession oi dcibadant below, alleged to ho the property of Samuel Parkhill, deceased. The declaration contains two counts in usual form — one alleging a delivery by plaintiffs and a detention after demand — the other a finding by defendant and a like detention. The defendant pleaded three pleas: 1. Non detinet. 2. That the slaves were not the property of plaintiffs. 3. That plaintiffs were not lawfully…

1Opinion of the Court

LANCASTER, J.,

delivered the following opinion :

This case comes before this Court by appeal from Leon Circuit Court. It is an action of detinue brought by the administrators de bonis non on the estate of Samuel Parkhill, deceased, to recover from the defendant, William G. Ponder, certain negro slaves alleged to belong to the plaintiffs as such administrators, and to be detained by the defendant, Ponder. The declaration contains two counts. The first declares upon a delivery of the slaves to the defendant by the plaintiff,', to be re-delivered to thorn, when he, the defendant, *261should be thereto…

Also in this document: Per curiam.

2Cases cited3 opinions

  1. Simms v. SlacumSupreme Court of the United States · 1806
  2. President of the Bank of the United States v. CorcoranSupreme Court of the United States · 1829
  3. Jewett v. JewettMassachusetts Supreme Judicial Court · 1809

3Cited by19 opinions

  1. Malone v. MeresSupreme Court of Florida · 1926
  2. Ryan's Furniture Exchange, Inc. v. McNairSupreme Court of Florida · 1935
  3. Demarigny v. DemarignySupreme Court of Florida · 1949
  4. Shrader v. ShraderSupreme Court of Florida · 1895
  5. Crosby v. BurlesonSupreme Court of Florida · 1940

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