Cromwell v. Clay

Judge Underwood

delivered the Opinion of the Court.

The principal question worthy of consideration in this case, is whether the deed of a purchaser pendente lile is absolutely void, or voidable merely.

Cromwell instituted an action of detinue, founded on a bill of sale which Orear executed to him', for a slave, at a time when Piper and Waugh had separate suits in chancery pending against Orear, for the purpose of subjecting the slave to the payment of his debts. Clay, as deputy sheriff, took the slave into his possession, in virtue of an order from the chancellor..

The bill of sale from Orear to…