Evans v. M'Kinsey

Opinion of the Court, by

Judge Owsley.

THIS was an action of detinue, brought in the circuit court by M’Kinsey, to recover from Evans two slaves.

Evans pleaded two pleas: 1st, Non-detinet; 2d, that the said M’Kinsey his action ought not to have and maintain against him, the said Evans, because, he says, that prior to the impetration of the suit against him by the said M’Kinsey, to wit, on the — day of —, at the state and circuit aforesaid, the said M’Kinsey and a certain John James, who claimed and held possession of the slaves in said M’Kinsey’s declaration mentioned, in consequence of a claim…