DETINUE for the recovery of a negro slave, sold by Sher-rod, a constable, to satisly execution's against the estate of Cobb, to whom the plaintiff’s wife was an executor, and also a legatee. She had not made a division according- fo the will, although two years and more were expit c And now the defendant’s counsel insisted, that if the property had vested in her by her electing to take as legatee, which he did not admit, still there was a verdict and judgment against Sherrod, fur seizing and selling this negro, n .-’ikied at a ioimer n-rm for the sum ofthirtv pounds and costs.
Util’. Judge.
-The jury are to judge from circumstances, whether the thirty pounds were given for tLe trespass only, or for that and the property. If lor the former ouiy, the plaintiff is not barred ; It for the latter, be is. And he left to the jury the circumstances iiotn which it might be inferred to have bee* for the trespass only.
They found for the plaintiff, and there was judgment accordingly.