Brooke v. Berry
Court of Appeals of Maryland
Appeal from Prince George’s County Court. This was an action of Replevin, brought on the 15th May 1840, by William F. Berry against Elisha Berry (who died before the trial,} and Robert W. Brooke, for the negro slaves mentioned in the proof. The slaves were replevied and delivered to the plaintiff. The defendant pleaded— 1. Property in the defendant. 2. Property in a stranger. 3. JYon cepii. 4. Actio non accrevit infra Ires annos.
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Appeal from Prince George’s County Court. This was an action of Replevin, brought on the 15th May 1840, by William F. Berry against Elisha Berry (who died before the trial,} and Robert W. Brooke, for the negro slaves mentioned in the proof. The slaves were replevied and delivered to the plaintiff. The defendant pleaded— 1. Property in the defendant. 2. Property in a stranger. 3. JYon cepii. 4. Actio non accrevit infra Ires annos. On these pleas issues were joined, and the jury found the following verdict, viz: that the plaintiff is entitled to the possession of the negroes replevied in this…
1Opinion of the CourtArcher, J.
The inadmissibility of the' évidence of the articles of agreement set out in the first bill of exceptions, was put in the court below, upon the ground that there existed no privity between Brooke and Elisha Berry, or that he claiméd title under Elisha Berry; this could certainly furnish no justifiable ground for the rejection of the evidence. If the articles of agreement furnished evidence that Elisha Berry's title had passed to the plaintiff, (the plaintiff having first shown that Elisha Berry had title,) they established his right to recover against the defendant, whether the defendant…
2Cited by4 opinions
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