From Hyde. The Complainant, who was the administrator of one Tooley, stated, that as adm’r he had recovered a judgment against Thomas Smith and his wife Jinn, for 25300 at May Term, 1822, of Hyde County Court j that he issued an execution thereon, which was returned “ nothing to be found that before the execution issued, the Defendant Dixon, who was a Constable, levied an execution on a negro man the property of Smith, to satisfy an execution of §8, and sold the negro at…
Decided 1826-06-05
Haul, Judge. —
¶1
I concur in opinion with the Judge below that Ibis bill should be dismissed; .the Complainant has no lien on the negro or his value, which is in the possession of theDefendant
Havens,
either in Law or Equity.
Havens
became the purchaser when the negro was sold, for valuable consideration ; after paying off the debt for which he was sold, he retained the balance of the money bid for the negro in his own hands, for a debt which
Smith
owed him, and this was done by the consent of Smith, he might have purchased of
Smith, bona fide,
without the intervention of a public sale, because, at that time there was no lien on the slave in favor of the Complainant.
¶2
I think
Dixon
should be allowed his costs, and that the other Defendants jointly, should be allowed costs.
