Cole v. Broom
Cole v. Broom
Opinion of the Court
If it be meant by .the second ground of the motion for a new trial, to mate the question, whether the courts of this State would enforce the laws of the State of Virginia, in a civil suit, where the title to property depends upon them, I should hardly consider it entitled to other answer than this, that courts would cease to answer the ends of justice, if persons residing in other States and countries could not enforce their claims to property here when their title is acquired under a'law of the place of their residence, from whence the property itself has been brought. In all civil suits, concerning personal chattels, where the title has been acquired, or upon contracts which had been made in another State or country, reference is constantly made to the law of the place, when it constitues part of the title to the property, or when it is necessary to put a right construction upon the contract. In Allen vs. Watson, 1 Hill, 319, money won at play in Georgia was allowed to be recovered back in an action of trover here: such gaming there being unlawful. In Waties vs. Bryant & Hall, at the last Term, the plaintiff recovered in trover for a slave upon a statute of North Carolina, directly in opposition to the law here upon the same subject. I suppose it is intended to suggest the question, whether it is not in the nature of a penal enactment, and therefore not to be enforced here. But it is very obvious that such is not the character of the Act: that it is not the purpose of it to annex a personal penalty, to operate only ¦upon the tenant for life, in casé he should permit the slaves
It is difficult to conceive by what process of reasoning the conclusion is attained that the defendant is tenant in common with the plaintiffs who were not barred by the statute of limitations. Two of the plaintiffs were barred; and the other three could only recover three-fifths of the value of the slaves. Two of them failed to recover because -they did not bring their actions within the time limited. But how had
On the third ground, that the plaintiffs were not entitled to the increase of the female slave: and on the fifth, that the plaintiffs are all barred by the statute of limitations, it is hardly necessary to remark. The law on the former, and the facts on the latter, are too clearly against the defendant to admit of being made plainer.
The motion for a new trial is refused.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.