Spuere de hoc. — <Vide 7 Term, 591.
A possessor of a personal chattel, who has got the possession not unlawfully, cannot be deprived of it legally, but by ti e true owner ; and that was the substance of the argument of the plaintiff’s counsel.
Hostler's Administrators v. Scull, 3 N.C. 139, 2 Hayw. 139 (1801)
May 1801
·
North Carolina Superior Court
3 N.C. 139, 2 Hayw. 139
Hostler's Administrators vs. Scull.
A FTER argument, Taylor, Judge, delivered his opinion.- - . Hostler was in possession of the slave in question; Scull got the possession from him ; and after, this action and pleading thereto, obtained letters of administration of the estate of John Vernon, to whon\ the negro belonged — And I am of opinion that Scull’s proving the title of this negro to be in any th:r<i person, will disprove that the property was in Hostler, although, Scull himself has no property, and will overturn the plaintiff’s *140claim ; for in this action, the plaintiff must prove property in himself: And although his prior possession is evidence of property, still it is only presumptive evidence, which is overturned by proof of property in another.
Haywood for Hostler’s Administrators.