Garner v. Smith
Court of Appeals of Maryland
Appeal from St. Mary’s county court. This was an action of replevin, brought on the 15th July 1845, by the appellee against the appellant, for negro man Sandy, aged about twenty-two years, and negro girl Susan, aged about twelve years. Pleas, non cepil, and property in defendant, and property in a stranger. Replication and issues.
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Appeal from St. Mary’s county court. This was an action of replevin, brought on the 15th July 1845, by the appellee against the appellant, for negro man Sandy, aged about twenty-two years, and negro girl Susan, aged about twelve years. Pleas, non cepil, and property in defendant, and property in a stranger. Replication and issues. The plaintiff gave in evidence, by William H. Dunkinson , that he Has known the negroes in controversy since he can recollect, that they were raised by his uncle, Elwily Smith, the plaintiff’s testator, and were owned and possessed by him, until they were sent, with…
1Opinion of the CourtSpence, J.
Action of replevin, pleas, non cepit, property in defendant, and property in a stranger.
The plaintiff offered evidence to the jury, that the negroes were owned and raised by his testator; that they remained in his possession until 1832, when they were sent on the farm of testator’s daughter, then Mrs. Campbell, after her husband’s, Campbell’s, death, (now Mrs. Miles,) where the negroes have remained ever since, in the possession of Mrs. Campbell, up to her marriage with Milas, and in his possession ever since, and employed by said Miles in working on said farm.
And further proved, that Elwily…
2Cases cited1 opinion
- Kolb v. WhitelyCourt of Appeals of Maryland · 1831
3Cited by3 opinions
- McDowell v. GoldsmithCourt of Appeals of Maryland · 1854
- Milburn v. StateCourt of Appeals of Maryland · 1851
- Smith v. MorganCourt of Appeals of Maryland · 1849