Decided: if the owner of a slave permit her to remain in the
possession of A. for four years, and A. then, without the assent of
the owner, delivers her to B., who keeps her four years more, the
possession of B. cannot be so connected with the possession of A.
as to make it a fraudulent loan within the act of assembly of
Virginia, in regard to B.'s creditors.
Error to the Circuit Court for the District of Columbia, sitting
at Alexandria, in an action of detinue for a female slave named
Eliza. Upon the
Page 9 U. S. 362
trial of the general issue in the court below, the plaintiff in
error, who was defendant in that court, took a bill of exceptions
which stated that evidence was offered of the following facts:
The slave, in November, 1798, was the property of John Dabny,
against whom a
fieri facias was issued at the suit of
Norwood, the present defendant in error upon which the slave was
seized and sold by the proper officer; that one Charles Turner
bought her for the said Norwood, and held her as Norwood's property
until November, 1802, when he delivered her, without authority from
Norwood, to one R. B. Jamesson, who held her until September, 1806,
when he became insolvent under the insolvent act of the District of
Columbia, and delivered her, as part of his property, to Auld, the
plaintiff in error, who was appointed trustee under that act. This
suit was commenced on 19 September, 1806.
Whereupon the plaintiff in error prayed the court to instruct
the jury that if it found the facts to be as stated, the plaintiff
below was not entitled to recover. And if the court should not
think proper to give that instruction, that they would instruct the
jury that the plaintiff's suffering the slave to remain out of his
actual possession for so long a time was fraudulent in law as to
the defendant, which instructions the court refused to give, and
the defendant Auld excepted. The verdict and judgment being against
him, he brought his writ of error.
Judgment affirmed.
