HALIFAX,

OCTOBER TERM, 1791.

#### Merrit v. Warmouth.

Detinue. Warmouth had (tired the negro in question of Waller; and the negro (tad been demanded while in Iiis possession ; but before the issuing of the writ lie delivered the negro to Waller, so that the negro was not in the Defendant’s possession at the time of the action brought. Per Ashe and Spkngkk, yet a recovery may be had against him, and ruled accordingly, and Plaintiff bad judgment.