M'Gowen v. Hoy

*239Opinion of the Court,

by Judge Owsley.

THIS is an appeal from a judgment recovered by Hoy in an action of detinue, which was brought against him by M’Gowen, to recover a negro girl named Rachel.

The right to the girl is asserted by each party, through John Hardwick, to whom she once belonged.

M’Gowen claims by purchase from Maples wick, who previously purchased the girl at a sale made *240by a constable, to satisfy an execution which issued from a magistrate against the estate of John Hardwick, by whom she was delivered to the constable to be sold for that purpose.

The ruléis different as to void as…