Brent v. Chapman

Supreme Court

Brent v. Chapman

9 U.S. 358, 3 L. Ed. 125, 5 Cranch 358, 1809 U.S. LEXIS 447

Supreme Court of the United States·Decided March 15, 1809·Published·Cited by 30 cases

Opinion

March 13.

Marshaxx, Ch. J.

delivered the opinion of the ttourt to the.following effect;

This court is of opinion that the possession of Chapman was a bar to the seizure of' th’e slave by the marshal, under the execution stated, in this casé. The only objection of any weight was, that there was no administration upon the estáte of Robert Alexander, sen. and, consequently, that the possession of Chapman, was not an adverse possession.

But there was án executor competent to assent, and who did assent, to the legacy, and to the partition between the legatees, and who could not after-wards refuse to execute the will.

Judgment affirmed.

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March 13.

Marshaxx, Ch. J.

delivered the opinion of the ttourt to the.following effect;

This court is of opinion that the possession of Chapman was a bar to the seizure of' th’e slave by the marshal, under the execution stated, in this casé. The only objection of any weight was, that there was no administration upon the estáte of Robert Alexander, sen. and, consequently, that the possession of Chapman, was not an adverse possession.

But there was án executor competent to assent, and who did assent, to the legacy, and to the partition between the legatees, and who could not after-wards refuse to execute the will.

Judgment affirmed.

Brent v. Chapman, 9 U.S. 358, 3 L. Ed. 125, 5 Cranch 358, 1809 U.S. LEXIS 447 (1809).

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Opinion

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