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3 N.C. 139

Hostler's Administrators v. Scull

Superior Court of North Carolina · decided 1801-05-15

A FTER argument, Taylor, Judge, delivered his opinion.- - . Hostler was in possession of the slave in question; Scull got the possession from him ; and after, this action and pleading thereto, obtained letters of administration of the estate of John Vernon, to whon\ the negro belonged — And I am of opinion that Scull’s proving the title of this negro to be in any th:r<i person, will disprove that the property was in Hostler, although, Scull himself has no property, and will…

Decided 1801-05-15

¶1Spuere de hoc. — <Vide 7 Term, 591.

¶2A possessor of a personal chattel, who has got the possession not unlawfully, cannot be deprived of it legally, but by ti e true owner ; and that was the substance of the argument of the plaintiff’s counsel.

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