Sampson v. Bryce

Decided October 19, 1816

Supreme Court of Virginia · decided 1816-10-19

The Object of the Bill, exhibited by the Appellee against the Appellant and others, was to prevent the sale by the Sheriff, under an Execution at the suit of the Appellant, of certain slaves, which had been bequeathed by the last will and testament of Josias Payne to his daughter the wife of William Mitchell, and delivered to her as her property by the executors of her said father. — The Judgment in favour of Sampson was against William Harrison, Executor of Josias Payne,…

Relies on Yesler v. City of Seattle

Good law ✅— No negative treatment on recordhow we know

Decided 1816-10-19

How this case has been cited

Cited by 4 later decisions — most recently December 1903

4 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶11. A JL fa against the estate of a testator, cannot lawfully be levied on slaves which, being specifically bequeathed, are in the possession of the legatees, as their property, either by actual delivery from the Executor, or by his permission. See Burnley v. Lambert, 1 Wash. 308— 313, accordant.

¶22. In such case a Court of Equity may award an Injunction to prevent the sale of the property. See Randolph v. Randolph, &c. 3 Munf. 99 ; and Wilson Sf Trent v. Butler and others. Ibid 559,

¶3UPON an Appeal from a Decree of the late Chancellor Wtthe, pronounced the 10th of March 1803.

¶4And this Decree was affirms» by the Court of Appeals.