Fishwick's Adm'r. v. Sewell
Court of Appeals of Maryland
Appeal from Prince■ George’s County Court. An actiOn of trover was brought on the 15th of June 1812, for the ° ’ value of certain negro Slaves, and a spinet. The deelaration contained two counts.
Read the full summary
Appeal from Prince■ George’s County Court. An actiOn of trover was brought on the 15th of June 1812, for the ° ’ value of certain negro Slaves, and a spinet. The deelaration contained two counts. The first stated, that Jane Fishwick, in her life-time, on the 1st of January 1765, was possessed of the following negroes, to wit: Dinah, of price of §300; Fanny, of, &c. [Enumerating 17 other anil their prices.'] And also one spinet of the va-^ue °^’ as her owrl ProPer goods and chattels: and so possessed thereof, afterwards, on the 1st of March >n the sa'(l year, died intestate; after whose death…
1Opinion of the Court
Chase, Ch. J.
delivered the opinion of the court. The court are of opinion, that the facts proved in this case on the part of the plaintiff, are sufficient to account for the delay which took place before the issuing the letters of administration to the plaintiff, and do repel the presumption that negro Dinah was legally transferred to the defendant, or those under whom he claims, and think the court below erred in directing the jury that they may and ought to make such presumption if they should find the facts and circumstances stated in the bill of exceptions to be true.
The opinion of the…
2Cases cited1 opinion
- Griffith v. FrazierSupreme Court of the United States · 1814
3Cited by8 opinions
- Rockwell v. YoungCourt of Appeals of Maryland · 1883
- Donaldson v. RaborgCourt of Appeals of Maryland · 1867
- Lee v. AllenCourt of Appeals of Maryland · 1904
- Donohue v. DanielCourt of Appeals of Maryland · 1882
- Colonial & United States Mortgage Co. v. FlemingtonNorth Dakota Supreme Court · 1905
3 more not listed; retrieve them via the Exa API.