Opinion
05-05-1851
MORRIS v. PEREGOY.
Lyons, for the appellant, and Robert G. Scott, for the appellee,
(Absent Cabell, P.)
In an action of detinue for a female slave, the recovery may be, not only for the slave named in the writ, but for her children born since the commencement of the action.
This was an action of detinue brought in the Circuit court of Orange county, by Thomas H. Peregoy against George Morris, for the recovery of four slaves, one of whom was named Fanny. On the trial an instruction was asked for by the defendant and refused by the Court, and another instruction was given; and exceptions were taken, but it is not important to report them. The jury found a verdict for the four slaves mentioned in the writ and declaration, and also for a fifth, the child of Fanny, born since the institution of the suit; and there was judgment accordingly; whereupon Morris applied to this Court for a supersedeas, which was awarded.
Lyons, for the appellant, and Robert G. Scott, for the appellee, submitted the case on printed notes.
BY THE COURT.
The judgment is affirmed.