Barham v. Turbeville
Tennessee Supreme Court
This action of trover, for the conversion of a slave, was tried in the circuit court of Carroll comity, at its September term, 1851, Fitzgerald, Judge, presiding. There was judgment for the plaintiffs, and the defendant appealed in error. cited 1 Sto. Eq. §§ 384-5, and note 4; 6 Johns. Ch. R. 166; Sug.
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This action of trover, for the conversion of a slave, was tried in the circuit court of Carroll comity, at its September term, 1851, Fitzgerald, Judge, presiding. There was judgment for the plaintiffs, and the defendant appealed in error. cited 1 Sto. Eq. §§ 384-5, and note 4; 6 Johns. Ch. R. 166; Sug. Yen. 482, bottom page; 13 Pet. 107; 2 Kent Com. 240-1 and notes; 6 Cranch 226; 2 Wend. 137; 3 Peck 492; Dillard vs. Dillard, 3 Humph.; Hunter vs. Foster, 4 Humph.; Wallace vs. Moss, 5 Hill N. Y. Rep.; 12 Vermont Rep. 28. 14 Id. 405; 10 Id. 71; 16 Mass. Rep. 389; Sto. Contr. §§ 65-6 and notes.
1Opinion of the CourtTotten, J.
The action is trover, in the circuit court of Carroll, by *438Samuel P. Turbeville and others against Timothy Barham, for the conversion of a negro slave, to which the plaintiffs claim title. At September term, 1851, of said court, there was judgment for the plaintiffs for $693, and the defendant appealed in error to this court.
It appears, that in 1849, the defendant, Barham, purchased said slave of Ansel H. Turbeville, the father of the plaintiffs, and under him, claims absolute title and ownership.
But it is very clear, that Ansel H. Turbeville, the father, had no title. The title was in his…
2Cited by2 opinions
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- Molloy v. City of ChattanoogaTennessee Supreme Court · 1950