Martin v. Kelly

JUDGE CRENSHAW

delivered the opinion of the Court.

This was an action of detinue by Kelly against Martin for a slave. The plaintiff derived title with warranty, through one Younger, who derived title from Mitchell, and he from Williams. The defendant offered to prove the declarations of Younger, (made after the sale to the plaintiff,) in order to shew that the title from Mitchell to Younger was a sham.

This evidence was properly rejected. The declara*199tions of Younger could not destroy the title which he had conveyed, nor could they be given in evidence to defeat an action to which he was not a…