Marfield v. Davidson
Court of Appeals of Maryland
Appeal from Baltimore county court. This was an action replevin, brought on the 3rd January, 1834, by Samuel Marfield against James Davidson, for a negro boy, called Jacob Hill. The defendant pleaded non cepit, and property in himself, on which issues were joined.
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Appeal from Baltimore county court. This was an action replevin, brought on the 3rd January, 1834, by Samuel Marfield against James Davidson, for a negro boy, called Jacob Hill. The defendant pleaded non cepit, and property in himself, on which issues were joined. At the trial of the cause, the plaintiff offered in evidence, that he sold the negro boy whom this action was brought to recover, to Elisha Lupton, on the following terms, to wit: that the said Lupton was to take the boy into his possession immediately, but that no title, or interest, was to pass to him, but was still to remain, in…
1Opinion of the CourtAucheR, Judge
The plaintiff had offered in evidence without objection, that Lupton, who was proved to be the purchaser of the boy in controversy, had for the purchase money given two promissory notes; he also gave in evidence, the date of the respective notes and the times when payable, all without objection; and then offered to prove the surrender up of these notes. The one in consequence of payment, and the other in consequence of the substitution of two other notes which were due at the time of the institution of the suit and then unpaid.
To the evidence of the surrender of the two first promissory notes…
2Cited by1 opinion
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