Waggener v. Hardin

Judge Ewing

delivered the Opinion of the Court.

Oliver G. Waggener claiming two slaves, Ellen and her child, under an allotment to him of the former, as-*154one of the distributees of John Waggener, deceased, before the birth of the child, instituted an action of detinue for them against Parker C. Hardin, who claimed them as purchaser of the mother, at a sale made by the Sheriff, under an execution which issued against Robert Trabue, and by virtue of which, she had been levied on as the property of Trabue, the husband of one of the distributees, after the asserted allotment to 0. G. Waggener.

In the…