¶1The bond created a 'lien' which could only be shaken by bona fide creditors; and the money contained in it was agreed to be given for the slaves, at the death of Edwards. This was conformable to the devise, which .was not revoked by that transaction; and, as Dowry had possession during the testator’s life, the assent of the executor was not necessary: Or, if necessary, it might, under the circumstances, have been presumed. The conversion may be inferred from the evidence; because +he court may make every conclusion which the jury might have made. It was not necessary to join the wife in the suit. Nelthrop v. Anderson, 1 Salk. 114. And the plaintiff was entitled to an action for the life estate in the property. I think, therefore, that the judgment of the district court ought to be reversed, and judgment entered for the appellant.
6 Va. 55
Lowry v. Mountjoy
Decided April 15, 1806
Court of Appeals of Virginia · decided 1806-04-15
<p>Husband and Wife — Trover for Slave Belonging to Wife — Joinder.‡—TUe wife need not be joined with the husband in an action of trover for a slave belonging to her.</p> <p>Demurrer to Evidence — Effect.§—A demurrer admits every • conclusion which the jury might have drawn from the evidence.</p> <p>Legacies — Assent ot Executor¶ — When Need Not Be Proved. — The assent of the executor need not be proved, where the legatee had possession during the lifetime of the testator.</p>
Decided 1806-04-15