BRENT
v.
CHAPMAN

U.S. | 1809-02-01
5 Cranch 358 Supreme Court of the United States (1809) Positive Treatment
Also reported at: 3 L. Ed. 125 · 1809 U.S. LEXIS 447 · SCDB 1809-042
Cited by 11 cases
Opinion of the Court
Marshaxx, Ch. J.

March 13.

Marshaxx, Ch. J.

delivered the opinion of the ttourt to the.following effect;

This court is of opinion that the possession of Chapman was a bar to the seizure of' th’e slave by the marshal, under the execution stated, in this casé. The only objection of any weight was, that there was no administration upon the estáte of Robert Alexander, sen. and, consequently, that the possession of Chapman, was not an adverse possession.

But there was án executor competent to assent, and who did assent, to the legacy, and to the partition between the legatees, and who could not after-wards refuse to execute the will.

Judgment affirmed.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Bradford v. Shine, 13 Fla. 393 (Fla. 1869)
  • Baltimore & Carolina Line, Inc. v. Redman, 295 U.S. 654 (U.S. 1935)
    …s. 32, a verdict was taken for plaintiff with leave to defendant to move to enter non-suit if the court should be of opinion there was lack of evidence; and on such a motion the evidence was held insufficient and non-suit entered. Brent v. Chapman, 5 Cranch 358; Chinoweth v. Haskell’s Lessee, 3 Pet. 92, 94, 96, 98; Suydam v. Williamson, 20 How. 427, 434. Chinoweth v. Haskell’s Lessee, supra. New York Civil Practice Act, §§ 459, 461; Bail v. New York, N. H. & H. R. Co., 201 N. Y. 355; 94 N. E. 863; Doughe…
  • United States v. Mendoza, 574 F.2d 1373 (5th Cir. 1978)
    …contended that the admission of Miley’s testimony violated the rule against admitting the testimony of one spouse against another.2 This court agreed and reversed the conviction. After discussing Hawkins v. United States, 358 U.S. 74, 79 S.Ct. 136, 3 L.Ed. 125 (1958), in which the Supreme Court reaffirmed the common-law rule that a wife’s testimony at trial was inadmissible against her husband, the Ivey court turned to the contention that the rule ought not be applicable when the wife’s testimony was intr…

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