Daggs v. Frazer

Decided January 15, 1849

District Court, D. Iowa · decided 1849-01-15

This was an action of trover against the defendants [Elihu Frazer and others], nineteen citizens of Salem, Henry county, in this state. The declaration contained three counts.

Decided 1849-01-15

¶1BY

THE COURT.

¶2The averments in the declaration are not sufficient to support the action. Trover will not- lie in this state to recover the value of slaves. See opinion of Coulter, J., 2 Am. Law J. (N. S.) 41 [Kauffman v. Oliver, 10 Pa. St. 514], Demurrer sustained.

¶3 *1114The plaintiff then asked leave to withdraw his joinder in demurrer, and amend his declaration in any manner not inconsistent with the writ, which was granted, and the cause continued at the costs of the plaintiff.