Withers v. Smith

*170OPINION of the Court, by

Judge Owsley.

This action was brought by Withers against Smith in the court below, to recover damages for the trover and con*171version of two negroes, purchased by Smith at a sheriff’s sale made in virtue of aJierifadas winch issued against the estate of Henry Field, in whose possession the ne- • groes wrere when seized by the sheriff, and had been for the space of 15 or 30 years previous thereto, but were claimed to be the absolute property of Withers, who appears to have loaned them to the wife of Field, in the state of Virginia, where Field was possessed of them ior…