Brent v. Chapman
Supreme Court of the United States
ERROR to the circuit court for the district of Columbia, sitting at Alexandria, in an action of tres? pass brought by Chapman against Brent, marshal Df the district of .Columbia, for taking in execütign, on a ji. fa. against the estate of Robert Alexander, deceased, a slave named Ben, who was. claimed by Chapman as his property.
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ERROR to the circuit court for the district of Columbia, sitting at Alexandria, in an action of tres? pass brought by Chapman against Brent, marshal Df the district of .Columbia, for taking in execütign, on a ji. fa. against the estate of Robert Alexander, deceased, a slave named Ben, who was. claimed by Chapman as his property. The jury tound a verdict for the plaintiff, subject to the opinion of the court upon a statement of facts agreed by the parties, which .was in substance as follows : The slave was the property, and in possession of the late Robert Alexander the elder, at the time of…
1Opinion of the Court
March 13.
Marshaxx, Ch. J.
delivered the opinion of the ttourt to the.following effect;
This court is of opinion that the possession of Chapman was a bar to the seizure of' th’e slave by the marshal, under the execution stated, in this casé. The only objection of any weight was, that there was no administration upon the estáte of Robert Alexander, sen. and, consequently, that the possession of Chapman, was not an adverse possession.
But there was án executor competent to assent, and who did assent, to the legacy, and to the partition between the legatees, and who could not after-wards refuse to…
2Cited by31 opinions
- Baltimore & Carolina Line, Inc. v. RedmanSupreme Court of the United States · 1935
- Lightfoot v. . DavisNew York Court of Appeals · 1910
- United States v. EliasonSupreme Court of the United States · 1842
- Townsend v. JemisonSupreme Court of the United States · 1850
- Sprecker v. WakeleyWisconsin Supreme Court · 1860
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