Robeson County, NC - Duncan Campbell v. Daniel Campbell, 1811

                          From Robeson

A, B and C are tenants in common of certain negro slaves. B takes
possession of the slaves, and A demands of him to deliver over to
him one-third of them. B refuses, and A brings an action of trover
against him to recover the value of one-third of the slaves. The
action cannot be maintained.

This was an action of trover to recover one-third of the value of
a slave. On the trial it appeared in evidence that that the plaintiff
and defendant were brothers, and they, with another brother, purchased
a negro woman for the purposes of waiting upon their mother during her
life. After her death the negro woman went into the possession of the
defendant, she then having several children. The plaintiff called on
the defendant and demanded his share of the negroes; the defendant
refused to deliver them over, and thereupon he brought this suit. The
defendant insisted that he being a tenant in common with the plaintiff
of the negroes, trover would not lie against him for the plaintiff's
third part; and this objection to the plaintiff's recovery was sent 
to this Court.

By the Court. This action cannot be maintained in the present case.
Let a nonsuit be entered.

Cited: Bonner v. Latham, 23 NC, 275; Powell v. Hill, 64 NC 171;
Grim v. Wicker, 80 NC, 344; Strauss v. Crawford, 89 NC, 151.


Source:
NC Reports
July Term, 1811
NC Supreme Court
Pg 53-54

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