Administrators of Shepard v. Edwards

Superior Court of North Carolina

Administrators of Shepard v. Edwards

3 N.C. 186

DecidedJuly 5, 1802

StatusPublished

This text of 3 N.C. 186 (Administrators of Shepard v. Edwards) is published on Counsel Stack Legal Research, covering Superior Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Administrators of Shepard v. Edwards, 3 N.C. 186 (N.C. Ct. App. 1802).

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Opinion

Taylor, Judge.

A demand is not necessary to precede the action of detinue, and need not be proved oa the trial. As to one of the Negroes sued for he was sold by direction of the plaintiffs and by the marshal after the instifutio» of this actio» to satisfy an execution against the estate of Sheppard. It is no answer to say he was in the defendant’s possession at the time of the action.. There should he at this time a right of possession in. the plaintiff otherwise he ought to recover.

Verdict for the defendant.

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Taylor, Judge.

A demand is not necessary to precede the action of detinue, and need not be proved oa the trial. As to one of the Negroes sued for he was sold by direction of the plaintiffs and by the marshal after the instifutio» of this actio» to satisfy an execution against the estate of Sheppard. It is no answer to say he was in the defendant’s possession at the time of the action.. There should he at this time a right of possession in. the plaintiff otherwise he ought to recover.

Verdict for the defendant.

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Bluebook (online)

3 N.C. 186, Counsel Stack Legal Research, https://law.counselstack.com/opinion/administrators-of-shepard-v-edwards-ncsuperct-1802.