Hodge v. Montgomery
Hodge v. Montgomery
Opinion of the Court
It is not intended by the court, to express any definitive opinion as to the effect of the verdict in trover, in relation to the rights of the complainants’s intestates. If they could be regarded as parties to that proceeding, or represented in it, they are bound by it. Their right in the negroes vested, by the verdict, in the defendant in that suit, and has passed to the present defendants under a judicial sale.
But if no privity existed between the complainants and the plaintiffs at law, it is res inter alios acta, and they can derive from it neither prejudice nor benefit. The negroes were levied on and sold as the property of Gilbert Dinkins. They were so purchased by the defendants. On the part of the complainants, it is insisted that they are entitled to a moiety of these negroes, under the deed of gift from Gilbert Dinkins, executed in March 1821.
The Chancellor who heard the cause reports, as the result of the testimony, that this deed, and the subsequent
On the subject of the costs, the court see no ground to vary the decree.
It is ordered that the appeal be dismissed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.