Legal Opinion

Danley v. Edwards

Supreme Court of Arkansas

Decided January 15, 1839PublishedCited by 1 opinion

Appeal from Pulaski Circuit Court. This was an action of detinue, brought by Alfred Edwan Martha his wife, late Martha Robbins, and John R. Robbii William Robbins, infants by their next friend Polly Robbins, a and legal representatives of William Robbins, deceased, against Danley, for a slave. The defendant below pleaded non detinet, am actio non inf am five years.

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Appeal from Pulaski Circuit Court. This was an action of detinue, brought by Alfred Edwan Martha his wife, late Martha Robbins, and John R. Robbii William Robbins, infants by their next friend Polly Robbins, a and legal representatives of William Robbins, deceased, against Danley, for a slave. The defendant below pleaded non detinet, am actio non inf am five years. The plaintiffs took issue on the first plea, and filed a replication to the second, which was demurred to, and the demurrer sustained; and they then pled an amended replication, averring that when the cause of action occurred, all…

1Opinion of the Court

Lacy, Jtose,

delivered the opinion of the Court:

This Nan action of detinue for the recovery of a slave. The plaintiffs in the court below chum title under their ancestor, William Robbins, The declaration contains two counts. The first count is founded on a supposed case of bailment, and the second .upon possession of property in the plaintiffs, and conversion of it by the defendant. Upon the return of the writ, the defendant applied, and filed two pleas in bar of the action. The first was a plea of non-deti-net, and the second plea of the Statute of limitations. An issue was taken by the…

2Cases cited3 opinions

  1. Frier v. Jackson ex dem. Van AllenCourt for the Trial of Impeachments and Correction of Errors · 1811
  2. Carrel v. EarlyCourt of Appeals of Kentucky · 1815
  3. Tunstall v. M'ClellandCourt of Appeals of Kentucky · 1808

3Cited by1 opinion

  1. State Bank v. WilliamsSupreme Court of Arkansas · 1845

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