Saunders v. Pate
Court of Appeals of Virginia
This was an appeal from the Chancery Court of Lynch-burg. The bill was filed by Saunders, setting forth the following case: That John Pate obtained a judgment against James Wright, and sued out a Ca.
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This was an appeal from the Chancery Court of Lynch-burg. The bill was filed by Saunders, setting forth the following case: That John Pate obtained a judgment against James Wright, and sued out a Ca. Sa. which was levied by a Deputy of Samuel Hancock, Sheriff of Bedford county; upon which Wright delivered to the said Sheriff\ two negro men, named York and Primus, in discharge of his body: that the said negroes were about to be set up to sale to satisfy the said execution, when the sale was' forbidden by Read and Robertson, who claimed them, by-virtue of a deed of trust, in which they were…
1Opinion of the Court
Judge Carr
delivered his opinion.
John Pate issued a Ca. Sa. against James Wright, which being executed, he delivered two negro men in discharge of his body. At the day of sale of these negroes, Read and Robertson, as trustees, exhibited a deed, by which these slaves were conveyed to them, to secure certain claims; and though they did not forbid the sale, the Sheriff required indemnity. Pate gave it; the property was sold; and the plaintiff was the purchaser. The trustees brought detinue against him, and had a recovery. The plaintiff paid the value assessed, with the damages, and files this…
2Cases cited1 opinion
- The Monte AllegreSupreme Court of the United States · 1824
3Cited by4 opinions
- Fleming v. HoltWest Virginia Supreme Court · 1877
- Motley v. HodgesSupreme Court of Virginia · 1917
- Petermans v. LawsSupreme Court of Virginia · 1835
- Wilson v. ShacklefordSupreme Court of Virginia · 1826