Carroll v. . Hussey

This is replevin for a slave which the defendant avowed taking as sheriff of Duplin under a fieri facias from the County Court, against the property of Edward A. Houston. At the time of the seizure the slave was in the possession of the plaintiff, and the only question at the trial was whether the action would lie. A verdict was taken for the defendant, subject to the opinion of the court on that point; and the court afterwards gave judgment on the verdict, and the plaintiff appealed. In McLeod v. Oats, 30 N.C. 387, the (90) case did not require the Court to go further than to say that…