Montgomery v. Black

General Court of Virginia

Montgomery v. Black

4 H. & McH. 391

General Court of Virginia·Decided September 15, 1799·Published·Cited by 3 cases

Opinion

Chase, Ch. J.

In the present instance the court are not to take into consideration the right of property. The possession of one executor is the possession of all. The defendant did not obtain the possession with proper authority or right from the plaintiffs; therefore the motion cannot be granted; and the court are of opinion that the return of the negro slave ought not to be awarded.

Motion Refused.

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Chase, Ch. J.

In the present instance the court are not to take into consideration the right of property. The possession of one executor is the possession of all. The defendant did not obtain the possession with proper authority or right from the plaintiffs; therefore the motion cannot be granted; and the court are of opinion that the return of the negro slave ought not to be awarded.

Motion Refused.

Montgomery v. Black, 4 H. & McH. 391 (Va. Super. Ct. 1799).

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Opinion

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