This point has been already decided in the negative, upon this circuit, in the case of v. Hughes’s administrators, and formerly at Edenton. — - So t'-e judgment was arrested.
Note. — Vide Chilty’s Pleadings, 120.
Detinue for negroes, brought against the intestate in his life time ; upon whose death, the Defendants, his representatives, were called in and made parties; and there was a verdict against them, subject to the opinion of the court upon this question, whether an action of detinue will lie against executors, for the detainer of their intestate, and now Gen. Davie for the Defendant, moved for leave to enter upon the argument, saying he had prepared himself for it.
This point has been already decided in the negative, upon this circuit, in the case of v. Hughes’s administrators, and formerly at Edenton. — - So t'-e judgment was arrested.
Note. — Vide Chilty’s Pleadings, 120.