3 N.C. 328
Superior Court of North Carolina
Decided July 5, 1804
Superior Court of North Carolina · decided 1804-07-05
DETINUE for the recovery of a negro slave, sold by Sher-rod, a constable, to satisly execution's against the estate of Cobb, to whom the plaintiff’s wife was an executor, and also a legatee.
Cited by 1 later decisions — most recently January 1817
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1804-07-05
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¶1 -The jury are to judge from circumstances, whether the thirty pounds were given for tLe trespass only, or for that and the property. If lor the former ouiy, the plaintiff is not barred ; It for the latter, be is. And he left to the jury the circumstances iiotn which it might be inferred to have bee* for the trespass only.
¶2 They found for the plaintiff, and there was judgment accordingly.