A demand is not necessary to precede the action of detinue, and need not be proved oa the trial. As to one of the Negroes sued for he was sold by direction of the plaintiffs and by the marshal after the instifutio» of this actio» to satisfy an execution against the estate of Sheppard. It is no answer to say he was in the defendant’s possession at the time of the action.. There should he at this time a right of possession in. the plaintiff otherwise he ought to recover.
Verdict for the defendant.