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Wrenford v. Gordon

Superior Court of North Carolina NEW BERN
Nov 1, 1778
1 N.C. 2 (N.C. Super. 1778)

Opinion

(November Term, 1778.)

Where a writ of replevin was sued out against the defendant, who had been in quiet possession of the slave for many years, merely to try the right of the parties to the slave, it was quashed as being irregular, wrongful, and oppressive.

Replevin. Nash, for the defendant, moved that the writ be quashed; it having [been] irregularly issued.


It appeared by affidavits filed, that the defendant and her late husband had been in quiet possession of the slave, who had been taken in pursuance of this writ, for several years. And that it was merely in order to try the right of the parties to him that the writ had been sued out.


The taking out of this writ for this purpose is irregular, wrongful, and oppressive. Let it be quashed.

Nash afterwards moved for and obtained a writ de returno habendo. Upon which the slave was restored to the defendant, ut audivi.

NOTE. — Replevin cannot be supported unless a taking is proved. Cummings v. MacGill, 4 N.C. 535; S. c., 6 N.C. 357. See the Act of 1828 (1 Rev. Stat., ch. 101), which provides for bringing the action of replevin for slaves in certain cases.

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Summaries of

Wrenford v. Gordon

Superior Court of North Carolina NEW BERN
Nov 1, 1778
1 N.C. 2 (N.C. Super. 1778)
Case details for

Wrenford v. Gordon

Case Details

Full title:WRENFORD v. GORDON. — 1 Mart., 54

Court:Superior Court of North Carolina NEW BERN

Date published: Nov 1, 1778

Citations

1 N.C. 2 (N.C. Super. 1778)