Mitchell v. Rainey

Decided June 15, 1838

Supreme Court of North Carolina · decided 1838-06-15

This was a Scire Facias reciting a recovery by the plaintiff in an action of detinue brought by him against one James W. Jeffries for a slave, and the possession of the same slave by the defendant under a purchase made pending the f°raier suk, and praying execution against the defendant. The case was submitted to Nash, Judge, at Burke, on the last circuit upon the following facts.

Decided 1838-06-15

Dameu, Judge.

¶1It is a general rule of law, that he who comes to the property in contest from or under the defendant, pendente lite, is bound by the judgment; and if he does not shew that he comes in above, he shall be taken as coming in under him-. The defendant purchased of Jeffries, pending the action which Mitchell had brought against him.— The defendant does not claim above Jeffries, therefore the plaintiff, according to the above rule of law, is entitled to judgment in this scire facias. The case of Falkner v. Jones, 3 Dev. 334, cited by the plaintiff’s counsel, is in point for him.

¶2Per Curiam. Judgment affirmed.