Fail's Administrator v. Presley's Administrator

On September 5, 1867, Joseph H. Presley, as plaintiff in the court below, commenced suit against Jeremiah Fail, as defendant, by summons and complaint in the statutory form, in an action of trespass vi et armis, for damages for killing a slave, named Israel, the 'property of said Presley, by whipping said slave until he died from the effect of said whipping, on July 7,1862. Afterwards, the defendant, said Fail, died, and the suit was revived in the name of his personal representative ; and then Presley died, and the suit was again revived in the name of his personal representative. On the…