From Wayne.
Where a party had an adequate legal remedy, and has brought an action and failed in it, he has no right io the aid of a Court of Equity,
The alienations of the bill were, that the Plaintiff in the year 1810, bought, of one Robert Fellow a negro wo-ssian, who continued in his possession for nanny years, during which time she had several children j that, in the year 1821, the Defendant privately procured the slave and her children, to leave the premises of the Plaintiff, and took them into his possession. The bill then set fortirthe'title under which the Defendant claimed the slaves, which was shortly this — that one Matthew Turner had held them as the bailee of one Wally Turner, on whose- ef.faie the Defendant had taken out loiters of administration.
The bill then charged that the Plaintiff had brought' an action of detinue against, the Defendant, in which ho had failed. (Vide JVbrlh-Carolina Law Cases, 3A6.J— The bill prayed an injunction and general relief.
Upon the motion of the Defendant, his honor Judge Martin on the last Circuit, dismissed the bill for want of equity — whereupon, the Plaintiff appealed.
The case was submitted without argument by Gastm. for tlfe Plaintiff, and by Badger and W. II Haywood for the Defendant.
— I cannot perceive upon what grounds this bill can be sustained. If the Plaintiff has any title, it is a legal one, unmixed with any principle of Equity, and not beyond the reach of ordinary tribunals to afford relief. He has had a trial at law upon the merits, and has failed.
— Let the decree made in the Court be-?ow he affirmed, with coste.