Vines v. . Brownrigg
Supreme Court of North Carolina
This was an action of trover, to which the defendant plead “ not guilty.” A case agreed was submitted to his Honor Judge Strange, on the last Circuit at Green, of which the following are the material facts. The plaintiff had heretofore brought his action of detinue, against the present defendant, for two female slaves, and obtained a verdict and judgment therefor, in which the value of the slaves was assessed.
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This was an action of trover, to which the defendant plead “ not guilty.” A case agreed was submitted to his Honor Judge Strange, on the last Circuit at Green, of which the following are the material facts. The plaintiff had heretofore brought his action of detinue, against the present defendant, for two female slaves, and obtained a verdict and judgment therefor, in which the value of the slaves was assessed. Execution issued on the judgment, and was satisfied by the defendant’s paying the assessed value, instead of delivering the slaves themselves. Between the rendition of the judgment, and…
1Opinion of the Court
Daniel, Judge,
after stating the case, proceeded: — The judgment in the action of detinue was conditional, (Peters v. Heyward, Cro. Jac. 682,) and if drawn out in form, would have run thus : “ It is considered by the Court, that Samuel Yines, do recover against the said Obedience Brownrigg, the said slaves, or the sum of dollars, for the value of the same, if the said Samuel Yines cannot have again his said slaves; and also, that he recover his said damages, costs and charges to dollars beyond the value aforesaid, by the jurors aforesaid, in form afore-sa'd assessed.” In England, an award of…
2Cited by1 opinion
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