Smith v. Morgan
Court of Appeals of Maryland
Appeal from Saint Mary's county court. This was an action of replevin instituted by the appellant, as executor of Ehoiley Smith, deceased, against the appellee, on the 15th of July, 1845, to recover a negro slave named Matthias, the alleged property of the plaintiff’s testator. The defendant pleaded non cepit, property in himself, and property in a stranger, following the forms of those pleas in 2 Har.
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Appeal from Saint Mary's county court. This was an action of replevin instituted by the appellant, as executor of Ehoiley Smith, deceased, against the appellee, on the 15th of July, 1845, to recover a negro slave named Matthias, the alleged property of the plaintiff’s testator. The defendant pleaded non cepit, property in himself, and property in a stranger, following the forms of those pleas in 2 Har. Ent., '247, 300. The plaintiff, in his replication, joined issue upon the first plea, and traversed the two last by averring property in himself, and upon these traverses issues were joined,…
1Opinion of the CourtSpence, J.
We think the county court were correct in refusing the plaintiff’s first prayer, for the reasons assigned by them. The court erred, in the second exception, by excluding the evidence of Colonel Coombs from the jury. Notwithstanding his evidence might not have been competent when isolated and unexplained, yet, when followed up by Dunkinson’s evidence,' which was done before objection was made,' it was admissible. This court, in the case of Smith’s Exc’r' vs. Garner, (7 Gill, 1,) at December term, 184S, decided that Mrs. Miles’ declarations. *139made under similar circumstances, were competent…
2Cases cited2 opinions
- Cullum v. BevansCourt of Appeals of Maryland · 1825
- Garner v. SmithCourt of Appeals of Maryland · 1848
3Cited by2 opinions
- Cooke v. HusbandsCourt of Appeals of Maryland · 1857
- Mitchell v. SmithCourt of Appeals of Maryland · 1853