Gentry's Administrator v. McKehen

Judge Ewing

delivered the Opinion of the Court.

McKehen brought an action of detinue, against Guy Phelps, administrator of Martin Gentry, for six notes, which had been executed by Gentry, in his lifetime, to Daniel Thornberry, and assigned by Thornberry to McKehen: one for one thousand two hundred dollars, and five others for five hundred dollars each.

The declaration contains one count, which alleges that said notes came to the possession of “the defendant, as administrator, as aforesaid, b.y. finding;” “yet said defen“dant well knowing &c. hath not yet delivered them to “ the plaintiff, or…