Kirkpatrick v. Cisna

OPINION of the Court, by

Judge Logan.

This was an action of detinue for the recovery of a negro, The plaintiff derived his right under the sale ot asup-Pose<í agent of an administratrix. To prove the agency, he introduced the agent himself, who deposed to his authority to sell by a letter from the administratrix, kad been accidentally lost or mislaid; and that he sold to the plaintiff then in possession of said negro for the purpose of paying a debt against the estate of the This evidence was, on the motion of the de-

fendant, excluded from the jury as incompetent, The plaintiff then introduced…