Opinion
April 24, 1804.
Bayard, Horsey [for plaintiff]. Vandyke [for defendant].
Mrs. Jackson, Mrs. Jacobs and Constantine Jacobs examined. That Negro Sambo formerly belonged to Thomas, the father of Jehu, and Elisha, and lived with Jehu, the administrator, many years, then left him and went to Elisha. Phillip O'Day and Christian, the son of Jehu, took [him] from near Elisha's [and] carried him to Clement Jackson's. Kept him there one day, [and he] was then carried to Constantine Jacobs. About eleven o'clock that night [he was taken] to Morris's shop and ironed [and] was sold for £95 to Charles Vaughn, who went to Georgia soon after. [He] was taken to Thomas Fruney's that night. Four Negroes, one of whom was Sambo, left to Jehu, Owen, and Elisha.
Vandyke for defendant. The three brothers were tenants in common, and one tenant cannot maintain this action against another.
Bayard. 6 Term 766, one tenant in common may bring trover and recover the amount of his interest in a chattel.
Verdict for plaintiff, £30 and upwards.
Trover for taking Negro Sambo, etc. Pleas, non culpa and Limitation.