Colvin v. Menefee
Supreme Court of Virginia
This was an action of assumpsit in the Circuit court of the county of Rappahannock, brought by James M. Colvin against Alexander F. Menefee. The object of the suit was to recover the price of a slave named Milley, which had been sold by Menefee as trustee in a deed, and which Colvin claimed to have been his property. On the trial of the cause the defendant asked for an instruction, which was given by the court; and the plaintiff excepted.
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This was an action of assumpsit in the Circuit court of the county of Rappahannock, brought by James M. Colvin against Alexander F. Menefee. The object of the suit was to recover the price of a slave named Milley, which had been sold by Menefee as trustee in a deed, and which Colvin claimed to have been his property. On the trial of the cause the defendant asked for an instruction, which was given by the court; and the plaintiff excepted. The bill of exceptions showed, that by a deed bearing date the 5th of August 1837, William Harmons conveyed to Menefee certain real and personal property,…
1Opinion of the CourtDaniel, J.
The counsel for the defendant insists, that though the instructions of the Circuit court may have been erroneous, yet this court ought not therefore to reverse; in as much as the supposed error could not have been prejudicial to the plaintiff. He refers to that provision of the deed by which Harmons is permitted to retain possession of the slave till the 1st day of August 1839 ; and says that the trustee had no right to sell under the deed, and was not bound to institute any action to recover the possession of the slave, until the day last mentioned; and that as he *93obtained the possession and…
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