By the Court,
The taking out of this writ for this purpose, is irregular, wrongful and oppressive. Let it be quashed.
Nash afterwards moved for and obtained a writ de returno habendo. Upon which the slave was restored to the defendant, ut audivi.
Wrenford v. Gordon, 1 N.C. 54, 1 Mart. 54 (1778)
Nov. 1778
·
North Carolina Superior Court
1 N.C. 54, 1 Mart. 54
Newbern,
November Term, 1778.
WRENFORD versus GORDON.
REPLEVIN. Nash, for the defendant, moved that the writ bequashed: it having irregularly issued.
It appeared by affidavits filed, that the defendant and her late hushand had been in quiet possession of the slave, who had been taken in pursuance of this writ, for several years. And that it was merely in order to try the right of the parties to him that the writ had been sued out.