Chiles v. Bernard's Executors

delivered this Opinion.

Judge Ewing took no part in the decision, as he had not taken his seat upon the bench when the cause was argued.

This is an action of detinue brought by the executors of John Bernard, deceased, against William Chiles, for a female slave named Ester; whom he bought, in 1823, at a sheriff’s sale, under a fien facias in favor of Frederick Loring against Joshua Bernard; who, claiming the slave in right of his wife, transferred her, in April, 1809, to John Bernard, by bill of sale purporting a valuable consideration.

After evidence had been given tending to prove, that either…