Legal Opinion

Coursey v. Wright

Court of Appeals of Maryland

Decided April 15, 1771PublishedCited by 9 opinions

THIS, was an action of replevin brought to recover negroes. Pleas, non cepit property, and the act of limitation. To the last plea, replication that the plaintiff was beyond sea; and issue joined.

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THIS, was an action of replevin brought to recover negroes. Pleas, non cepit property, and the act of limitation. To the last plea, replication that the plaintiff was beyond sea; and issue joined. It appears by the bill of exceptions filed in the cause, that the defendant, to prove the issue joined on the plea of limitations, and that the plaintiff was in the Province of Maryland at the time the cause of action first accrued to him, gave in evidence to the Jury, that the plaintiff was born in Maryland on the 19th of October, 1729, and constantly resided and inhabited there from the 10th of…

1Opinion of the Court

Ox’inxon of Daniel Dulany, relating to the above CHS6»

The question put, whether the present plaintiff could or not have brought replevin on the possession of the defendant under the first replevin, was, I suppose, with a view to the act of limitations. I apprehend the question stated with this view is against the defendant, because the return on the nonsuit prevented any effect from the possession of the defendant under the first replevin. On the point whether this present plaintiff might not have brought Replevin against the present defendant when in possession *396under the replevin against J.…

2Cited by9 opinions

  1. Leese v. ClarkCalifornia Supreme Court · 1862
  2. French v. HaySupreme Court of the United States · 1875
  3. Hammond's Lessee v. InloesCourt of Appeals of Maryland · 1853
  4. Haley v. KilpatrickCourt of Appeals for the Eighth Circuit · 1900
  5. William Wrigley, Jr. Co. v. L. P. Larson, Jr. Co.District Court, N.D. Illinois · 1925

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