Mitchell v. Rainey, 20 N.C. 61, 3 Dev. & Bat. 61 (1838)

June 1838 · Supreme Court of North Carolina

20 N.C. 61, 3 Dev. & Bat. 61

THOMAS MITCHELL v. JOHN P. RAINEY.

One who comes to the possession of a chattel pending an- action of Detinue for it, prima,'facie claims under the defendant, and is bound by the judgment. The case of Falkner v. Jones, 3d Dev. Rep. 334. approved.

This was a Scire Facias reciting a recovery by the plaintiff in an action of detinue brought by him against one James W. Jeffries for a slave, and the possession of the same slave by the defendant under a purchase made pending the f°raier suk, and praying execution against the defendant.

June, 1838.

The case was submitted to Nash, Judge, at Burke, on the last circuit upon the following facts.

The plaintiff commenced suit against Jeffries returnable to the Fall Term, 1836, of the Superior Court of Burke, when a default was suffered by Jeffries; at the ensuing Spring Term, commencing on the 15th day of May, 1837, a writ of enquiry was executed and final judgment rendered. — On the 13th day of the same month, Jeffries conveyed the slave to the defendant, upon trust to secure sundry debts. His Honor, upon these facts, entered judgment for the plaintiff, and the defendant appealed.

No counsel appeared for the defendant.

Caldwell for the plaintiff cited Falkner v. Jones (3 Dev. 334.)

Dameu, Judge.

It is a general rule of law, that he who comes to the property in contest from or under the defendant, pendente lite, is bound by the judgment; and if he does not shew that he comes in above, he shall be taken as coming in under him-. The defendant purchased of Jeffries, pending the action which Mitchell had brought against him.— The defendant does not claim above Jeffries, therefore the plaintiff, according to the above rule of law, is entitled to judgment in this scire facias. The case of Falkner v. Jones, 3 Dev. 334, cited by the plaintiff’s counsel, is in point for him.

Per Curiam. Judgment affirmed.