Elam v. Bass's Executors
Supreme Court of Virginia
IN an action of detinue, brought by the appellees against the appellant, on the 8th of October 1810, for several slaves, the defendant pleaded non detinet and the act of limitations ; on which pleas the plaintiffs joined issue.
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IN an action of detinue, brought by the appellees against the appellant, on the 8th of October 1810, for several slaves, the defendant pleaded non detinet and the act of limitations ; on which pleas the plaintiffs joined issue. Afterwards, by consent of parties,, the plea of the act of limitations was with ■ drawn, and a jury impannelled to try the cause upon the issue joined ; whereupon, the defendant, on his part,'11 proved that he and those under whom he claims had possession of the slaves in the declaration mentioned for more than five years .... before the emanation oí the writ in this…
1Opinion of the Court
the president pronounced the court’s opinion, that the five years quiet possession of the slaves in controversy, before the institution of the appellee’s action at law to recover them, vested the legal right to the slaves in the appellant, and those under whom he claims; and that, according to the decision of this court in the case of Gray v. Berryman, the suit in chancery, instituted by the appellees for the recovery of them, is no bar to the act of limitations stated in the bill of exceptions ; and that the said judgment is erroneous.
Judgment reversed, verdict set aside, and cause remanded…
2Cited by18 opinions
- Huffman v. Alderson's Admr.West Virginia Supreme Court · 1876
- Hall v. WebbWest Virginia Supreme Court · 1883
- Morris v. LyonSupreme Court of Virginia · 1888
- Brown v. BrownSupreme Court of Alabama · 1848
- Layne v. Norris' adm'rSupreme Court of Virginia · 1861
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