Opinion
09-07-1807
The Commonwealth v. Ragsdale, and Ragsdale v. The Commonwealth
SYLLABUS
In these suits it appeared, from the report of the commissioners appointed to sell the mortgaged property, that Benjamin Quarles was in possession of some of the negroes whom he acquired after the mortgage was duly of record, and refused to give them up to the commissioners, to be sold according to the decree of this court heretofore pronounced.
The Attorney-General submitted to the court the course to be taken.
OPINION
Per Curiam.
The usual course of the court has been to make a rule upon the person in possession, where (as in this case) he is not a party to the suit; and, unless he shews a paramount right in himself, to order the property to be delivered to the commissioners acting under the decree; and, if necessary, to enforce such order by an attachment. Let the rule be returnable to the next term.