Fleming v. Lockart

The plaintiffs seek to recover damages, on account of a negro sold, as a runaway, by the defendant, as sheriff, having *399been recovered from her by his previous owner. Some of the formalities which the law requires, previous to such a sale, having been neglected by the vendor.

West’n District. Sept. 1821. In such a suit, notice to the sheriff of the former suit need not be, proven to have been given him, that he might defend his vendee, but he may shew any thing which his vendee might have shewn to resist the claim of the former owner of the negro.

He pleaded the general issue, the want of notice…