Teague v. Maxwell

Decided May 15, 1818

Supreme Court of South Carolina · decided 1818-05-15

This was an action of trover to recover the value of a negro child, to which the plaintiff claimed a right. It appeared that, by a former action of this nature, the plaintiff had recovered of the defendant the value of a negro woman, (mother of this child,) pending which action the child in question was born.

Decided 1818-05-15

¶1The opinion of the Court was delivered by

Gantt, J.

¶2The Court' are of opinion, that recovery alone, in an action of trover, fixes the right of property in the defendant.1 That the child in question constituted no part of the former suit. That the identity of the child *is to be considered separate and distinct from that of the mother.2 The right of property whereof is still in the plaintiff.

¶3The nonsuit must therefore be set aside, and the case reinstated on the docket.

Grimke, Colcock, Cheves, Nott and Johnson, JJ., concurred.

¶4 Rice 62; 1 Sp. 182; 2 McC. R. 228.

¶5 See Tydiman v. Rose, Rich. Eq. Ca. 297.