Waters v. Dashiell
Court of Appeals of Maryland
AprEAL from Somerset county court. The appellee sued in trover, the appellant, to recover the value of a slave, which was conveyed to the appellee by a certain Kennedy, the bill of sale bearing date 14th May 1849. The bill of sale has not the affidavit of the grantee, required by the act of 1846, ch. 37. On the 28th August 1849, Kennedy applied for the benefit of the insolvent law.
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AprEAL from Somerset county court. The appellee sued in trover, the appellant, to recover the value of a slave, which was conveyed to the appellee by a certain Kennedy, the bill of sale bearing date 14th May 1849. The bill of sale has not the affidavit of the grantee, required by the act of 1846, ch. 37. On the 28th August 1849, Kennedy applied for the benefit of the insolvent law. The appellant was appointed the trustee, gave bond, and the insolvent applicant executed to him the usual deed. The trustee took possession of this negro, with other property claimed by the insolvent, and sold her…
1Opinion of the CourtTuck, J.
The appellee, claiming under a bill of sale from Henry Kennedy, instituted an action of trover, to recover the value of a negro woman from the appellant, who was in possession, and claiming title, as the trustee of Kennedy, under the insolvent laws. The defendant offered evidence to shew, that the bill of sale was void as against the creditors of Kennedy, under the statute of 13 Elizabeth, ch. 5, and under the act of 1846, ch. 271, which requires an affidavit of the fairness of the consideration. The testimony was rejected: the court being of opinion that it was not competent for the trustee…
2Cases cited2 opinions
- Gardner v. LewisCourt of Appeals of Maryland · 1848
- Englebert v. BlanjotSupreme Court of Pennsylvania · 1837
3Cited by10 opinions
- Cockey v. Milne's lesseeCourt of Appeals of Maryland · 1860
- Smith v. WoodCourt of Appeals of Maryland · 1869
- Buckey v. SnoufferCourt of Appeals of Maryland · 1856
- Haile v. DinnisCourt of Appeals of Maryland · 1944
- Ressmeyer v. NorwoodCourt of Appeals of Maryland · 1912
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