Garth's Executors v. Barksdale
Supreme Court of Virginia
THIS was an action of trespass in the superior court of Albemarle county, originally brought by Goodman Barksdale against Thomas Garth sheriff of that county, for unlawfully seizing two slaves belonging to the plaintiff. — Plea not guilty,” and issue. The cause being continued at October term 1812, it was agreed that it should not abate by the death of either party.
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THIS was an action of trespass in the superior court of Albemarle county, originally brought by Goodman Barksdale against Thomas Garth sheriff of that county, for unlawfully seizing two slaves belonging to the plaintiff. — Plea not guilty,” and issue. The cause being continued at October term 1812, it was agreed that it should not abate by the death of either party. In fact, the defendant died before the ensuing term, when his executors came into court, and made themselves parties, (a.) At the trial, the defendants filed exceptions, stating, “ that “ this action was brought against the…
1Opinion of the Court
March 7th, 1816, the president pronounced the opinion of this court.
“ The court is of opinion that the instruction of the supe- “ rior court is erroneous in this, that the five years possession “ of the negroes by Douglas Barksdale, if proved, vested a “ title in him which enured in favour of his creditors, notwith- “ standing he might thereafter have returned the same to the “ plaintiff from whom lie had derived them. — The judgment “ is therefore reversed, the cause remanded, for a new trial to “ he had therein, on which no such instruction is to be given, “ but one, if required,…
2Cited by7 opinions
- Cochran v. ParisSupreme Court of Virginia · 1854
- Mitchell v. WilsonU.S. Circuit Court for the District of District of Columbia · 1827
- William H. Williams, in Error v. James Ash, in ErrorSupreme Court of the United States · 1842
- Hudsons v. Hudson's AdministratorSupreme Court of Virginia · 1819
- Paine v. TutwilerSupreme Court of Virginia · 1876
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