Eckhols v. Graham
Court of Appeals of Virginia
Graham and Trigg, brought trover against Eckhols in the District Court of New London, for three slaves, to wit: a woman named Hannah, a child named Judy, and a child named Hannah. Plea not guilty, and issue. The jury .found a special verdict, which was adjudged insufficient by the Court and quashed.
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Graham and Trigg, brought trover against Eckhols in the District Court of New London, for three slaves, to wit: a woman named Hannah, a child named Judy, and a child named Hannah. Plea not guilty, and issue. The jury .found a special verdict, which was adjudged insufficient by the Court and quashed. Upon the next trial, the plaintiff filed a bill of exceptions to the Court’s opinion, which stated, that the defendant offered in evidence to the jury a copy of an execution without producing a copy of the judgment on which it issued; that the plaintiff objected to it; but the objection was…
1Opinion of the Court
LYONS, Judge.
Delivered the resolution of the Court, that the names of the slaves ought to have been endorsed, in order to prevent purchasers from being deceived. * That it would make no difference whether the bond taken was good or not. For, if good, then the property was clearly released;† and if not, then some proceedings, with respect to it, should have been had. But be that as it might, the Court were clearly of opinion, that by taking the second execution, he waived the first; and discharged the lien if any subsisted: Which answered the difficulty, whether there should not be a venire…
2Cited by10 opinions
- Long v. CampbellWest Virginia Supreme Court · 1893
- Amyett v. . BackhouseSupreme Court of North Carolina · 1819
- Bank of the United States v. PattonMississippi Supreme Court · 1840
- Lusk v. RamsaySupreme Court of Virginia · 1814
- Paine v. TutwilerSupreme Court of Virginia · 1876
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