Sanderson's Ex'rs v. Marks
Court of Appeals of Maryland
Appeal from Saint-Mary’s County Court. This was an Action of replevin for sundry goods and chattels, and a negro boy named Jack. The replevin bond was executed on the 23d pi O.ctober 1821, by Gerard N Causin, and others, to the defendant, (now appellee,) for prosecuting the writ of replevin in the name of the plaintiffs’ testator, The defendant pleaded, 1. Property in himself, and 2. Property ín on.e Sophia Marks.
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Appeal from Saint-Mary’s County Court. This was an Action of replevin for sundry goods and chattels, and a negro boy named Jack. The replevin bond was executed on the 23d pi O.ctober 1821, by Gerard N Causin, and others, to the defendant, (now appellee,) for prosecuting the writ of replevin in the name of the plaintiffs’ testator, The defendant pleaded, 1. Property in himself, and 2. Property ín on.e Sophia Marks. Issues were joined on the general replications tq those pleas. The death of Sanderson was suggested, and the plaintiffs ap.peared as his executors, .exhibiting letters testamentary…
1Opinion of the CourtEarle, J.
The dispute between the parties in this case is about the right of property *256in a negro boy named Jack. The replevin issued for sundry other Chattels, but they were not replevied by the' sheriff, nor noticed by hirft in his return of the writ. They nevertheless very inaccurately appear in the declaration; and their caption and detention being complained of, they are embraced in the pleas filed by the defendant, and in the issues tried in the cause; These pleas and issues are; that the property in these goods and chattels, and negro boy, is in the defendant and not in the plaintiffs; and that…
2Cited by2 opinions
- Myers v. SmithCourt of Appeals of Maryland · 1867
- McKee's Administrators v. McKee's AdministratorsCourt of Appeals of Maryland · 1861