Layne v. Norris' adm'r
Supreme Court of Virginia
Tliis was an action of detinue in the Circuit court of Amherst county, brought to the spring term of the court for 1855 by Poindexter P. Smith, administrator of Robert T. Norris deceased, against George Layne, to recover a slave named Tina.
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Tliis was an action of detinue in the Circuit court of Amherst county, brought to the spring term of the court for 1855 by Poindexter P. Smith, administrator of Robert T. Norris deceased, against George Layne, to recover a slave named Tina. Upon the trial the jury found a special verdict, and the facts so far as is necessary to show the grounds of this court’s decision are as follows: Daniel Norris of the county of Nelson died in November 1821, having first made his will which was duly admitted to probate in the County court; and Christopher T. Estes qualified as executor thereof. The…
1Opinion of the Court
Moncure J.
delivered the opinion of the court:
• This is a supersedeas to a judgment in favor of tlie plaintiff on a special verdict, in an action of detinue brought by Eobert T. Norris’s adm’r against George Layne for a slave named Yina.
The most favorable view which can be taken of the case for the plaintiff, is to suppose that his intestate Eobert T. Norris was entitled to the slave in controversy in remainder at the death of his mother Mrs. Norris, to wit: on the 21st of June, 1839. Supposing him to have then become entitled to the possession of the slave, the only question is, whether he…
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