Avery v. Avery

This suit was brought by the defendant in *55error, against Avery, one of the plaintiffs in error, to recover a negro slave. After Richard Avery had been discharged from the administration on the- estate of James S. Avery, Green was appointed administrator of the said estate, and on his application, was permitted to be made a party defendant. The defence set up was, that the slave sued for was a part of the property appertaining to the estate of the said James 8. Avery, deceased, and not the separate property of the widow, the plaintiff in suit. The material facts are, that James 8. Avery,…