Superior Court of North Carolina, 1802

Administrators of Shepard v. Edwards

Administrators of Shepard v. Edwards
Superior Court of North Carolina · Decided July 5, 1802 · Taylor
3 N.C. 186

Counsel

DETINUE.

Administrators of Shepard v. Edwards

Opinion of the Court

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.