Foscue v. . Foscue

The negro slave belonged to Simon Foscue the elder, who died in possession of the said slave, having first made and published his last will and testament, of which he appointed the plaintiff executor. After testator's death the plaintiff proved the will and took the negro into his possession; afterwards, and before the bringing of this suit, the defendant obtained possession of the slave, claiming under a deed executed by the testator in his lifetime, and retained that possession up to the present time. The deed was in these words:

THIS INDENTURE, made this 20 April, 1809, between Simon (539)…