McRea v. Walker
McRea v. Walker
Opinion of the Court
delivered the opinion of the court.
This is an appeal from the court of chancery. The bill was filed to recover the possession of a negro girl named Mary, which complainant alleges belongs to him as one of the heirs and distributees of his sister, Christiana McRea, and his mother, Mary McRea. It appeared by the bill, answers and proofs in the cause .that the slave, Mary, together with a negro named Henry, were the property of Mrs. McRea, and that at her death they belonged to D. B. McRea and complainant, as the only surviving heirs. It is therefore wholly immaterial for the purposes of the present inquiry, whether she derived title by the will of her daughter Christiana, as is stated in the bill, or acquired it from other sources. It further appears that before the death of his mother, D. B. McRea sold the negro man, and appropriated the proceeds of the sale to his own use, and that after her death he took possession of the girl, Mary, and sold her to one James Runnels, who had full knowledge of the title of complainant. Runnels died, and the defendant, Walker, as administrator of his estate, with the like notice of the condition of the title, sold the girl, and became the purchaser at his own sale. D. B. McRea died, and no adminis
Upon the above state of facts, the Chancellor dismissed the bill. That the record establishes a title in the complainant, is too manifest to admit of argument. He is therefore'entitied to relief. Can he claim the aid of a court of chancery ? It is assumed in the argument that the decree of the Chancellor was predicated on the ground that he could not. If this be so, the opinion must have been based upon one of two considerations. Either that there was an adequate subsisting remedy at law, or that the subject matter of the suit belonged to the exclusive jurisdiction of the probate court. In regard to the first consideration, it may be remarked that though the facts upon the record are sufficient to maintain trover or detinue for the slave in question, yet the complainant has averred that this is a family slave, and that no compensation in damages merely would be an adequate relief. And he urges many reasons in support of his prayer for a specific delivery of the property. He has thus brought his case fairly within the exception to the general rule in regard to chancery jurisdiction, by which the aid of that court has been refused in cases of chattels, when, if by a suit at law the thing itself cannot be recovered, yet a full compensation in damages may be had. A ■ court of chancery will always exert its powers to relieve a party who claims a chattel which from its peculiar value or importance cannot be adequately compensated for by pecuniary damages in a court of law. Thus if the thing be an object of regard from its antiquity, or because it is the production of some distinguished artist, or is a family relic, or heir loom or ornament, such as ancient gems, medals, coins, family pictures, or painting, &c. a court of equity will order it to be delivered up. For the same reason family slaves have been decreed to be specifically delivered up. This is an indulgence which has long been extended to the claims of attachment which may have grown up between the slave and his owner. The cases in 3d Rand. Rep. 170, 6th do. 194, and 3 Munford, 559, are direct authorities for these views.
Thus understanding the doctrine of these cases, I cannot perceive its application to the present case. The bill alleges that no administration has been had on the estate of Christiana McRea, or that of complainant’s mother. This statement is deemed decisive of the question. Upon which one of the parties can the probate court act? Can parties proceed in that court for the purpose merely of settling a disputed question of title ? Against whom could the process of that court be asked ? The probate judge can have no power to order a distribution in this case, because it has no jurisdiction over the persons of the defendants. The case of Cable v. Martin and Bell, 1 How. 558, decided bythis court at a. former term, is in accordance with this opinion.
Let the decree be reversed, and the cause remanded for further proceedings.
Reference
- Full Case Name
- F. C. McRea v. Walker
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- Published