3 S.C.L. 5
Decided July 1, 1794
United States District Court · decided 1794-07-01
<p>M'bere a slave was left in pledge, by A. with B., redeemable upon certain conditions, and A. sold the slave absolutely to C., who obtained' possession, and refused to deliver the slave to B.: held, that B. could not maintain trover against C., but that his remedy was by special action on the pase.</p>
Decided 1794-07-01
¶1Per cux.
¶2The plaintiff in this case has mistaken Ills action. The defendant has possession as the general and absolute proprietor of the thing in dispute, whereas the plaintiff is entitled to only a special, or qualified property. This action cannot be maintained by .the .proof offered, and, therefore, thp plaintiff must be nonsuited,
¶3-- — , for plaiutiff.