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Brent v. Chapman U.S. 358 (1809)

handle is hein.slavery/ussccases0029 and id is 1 raw text is: 5UPRENZ COURT U. S,

Moss     if he had traversed th. oncluslofi, it wotild have
v.     been putting in issue to  the jury matter of law.
RrD LE.
Judgment aqlrmed with costs.
C. Tee suggested that there was also an exception
to the refusal of the court to allow an.amended plea
to be filed, after the cpurt tad adjudged the pleas
bad.
But the Chief 7ustice said that the court had, in
ari early part of this term,40e decided that such re-
fu'sal was no error for which the judgment could be
reversed.
See the case of J.anddlle and Jamesson v. ilson, at this term,
antef. 15.
BRENT v. CHAPMAN.
Five years' ad-  -ERROR to the circuit court for* the district of
verse posses- Columbia, sitting at Alexandria, in an action of tres-
siou of a slave  b
in  Virginia, pass brought by Chapman against Brent, marshal
gives ag9od ti- of the district of Columbia, for taking in execition,
tie upon whieh
trespass may on aft. fa. against the estate of Robert Alexander,;
be maintained, deceased, a slave named Ben who was claimed by
Chapman as his property..
The jury found a verdict for the plaintiff, subject
to 'the opinion of the court 'upon a statement bf facts
agreed- by the p.rties, which was in substance as fol-
lows:
The slave was the property, and in possession of
the late Robert Alexander the e lder, at the time of
his death. His sons, Robert Alexander, and Walter
S. Alexander, were named excutors of his will, but
never qualified as such. On the 17th of December,
1803, Walter S. Alexander took out letters of admi-
nistrationlirVth the will annexed.. No division was
I

358

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