Lewis v. Adams
Supreme Court of Virginia
A writ of fieri facias having been sued out of the county court of Loudoun, by Richard Adams against John Adams, and delivered to Charles Lewis sheriff of the county to be executed, was by him levied on a slave; and a doubt arising whether the slave was the property of John Adams, the sheriff required an indemnifying bond of the creditor, according to the statute 1 Rev. ° ...
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A writ of fieri facias having been sued out of the county court of Loudoun, by Richard Adams against John Adams, and delivered to Charles Lewis sheriff of the county to be executed, was by him levied on a slave; and a doubt arising whether the slave was the property of John Adams, the sheriff required an indemnifying bond of the creditor, according to the statute 1 Rev. ° ... Code, cii. 134. § 25, 6,7.* The indemnifying bond was given by Richard Adams and R. H. Henderson 1ns surety, with condition, that the obligors should indemnify the sheriff against all damages which he might sustain in…
1Opinion of the CourtBrockenbrough, J.
I think there can be no doubt, on the finding of the jury, that the sale from John Adams to Ish was a fair and bona fide transaction, and for valuable consideration. Possession, too, accompanied the bill of sale; for at the time of its execution, the slave was delivered to the vendee at his own house. On the same day, however, there was a redelivery of the possession to the vendor on a contract of hiring; and this possession of- the vendor would seem to be inconsistent with the deed, and notwithstanding the apparent fairness of the contract for hiring, would, I think, bring it within the rule…
2Cases cited2 opinions
- Claytor v. AnthonySupreme Court of Virginia · 1828
- Cabell v. HardwickCourt of Appeals of Virginia · 1798