Legal Opinion

Hume v. Pumphrey

Court of Appeals of Maryland

Decided December 15, 1846PublishedCited by 1 opinion

Appeal from Prince George’s county court. This was an action of trover, brought by the appellants against the appellee, on the 28th March 1844, for a negro woman called Mary, a slave for life. The defendants pleaded non cul, and limitations. The verdict was for the defendant.

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Appeal from Prince George’s county court. This was an action of trover, brought by the appellants against the appellee, on the 28th March 1844, for a negro woman called Mary, a slave for life. The defendants pleaded non cul, and limitations. The verdict was for the defendant. In the trial of this cause, the plaintiffs to support the issues on then part, offered in evidence the deed from Benjamin Berry to JR. Beale, as follows, to wit: “This Indenture, made this 14th March 1826, between Benjamin Berry, of Prince George’s county, Maryland, of the first part, and Robert Beale, of the city of…

1Opinion of the CourtDorsey, J.

The plaintiffs having proved their title to the negro slave, for the conversion whereof the present action of trover was instituted, and a demand and refusal before the institution of their suit, the defendant then proved, that he had been in possession of the said negro since 1838 or 1839, using and claiming her as his own; and thereupon prayed the court to instruct the jury, “that if they found from the evidence, that the defendant in this case, had possession of the slave in controversy for more than three years, next before the institution of this suit, using and claiming her as his own,…

2Cited by1 opinion

  1. Belt v. MarriottCourt of Appeals of Maryland · 1850

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