Tunstall v. M'Clelland

OPINION of the Court, by

Judge Trimble.-—

M’Clelland brought an action of detinue, in the Shelby circuit court, against Tunstall, for the detention of two slaves. The defendant pleaded non detinet, upon which issue was joined ; the jury found for the plaintiff the two slaves, and ascertained their respective prices, and also damages for the detention ; whereupon the court rendered judgment, that the plaintiff recover of the defendant “ the slaves aforesaid, if they may be had ; but if not, then the prices aforesaid of them, or either of them, as cannot be had together, with the damages…