«TpHlS action was for the recovery of amale slave ; he had been left by the will of their father to the defendants, who were infants ; their elder brother brought the negro from South-Carolina and sold him to Hobdy, and then returned to South-Carolina, and lived near the defendants six or seven years after their arrival to full age, and they never questioned the sale nor inter-*80ruptedfhe plaintiff’s possession until soon after the death of th« elder, brother, when they got the negro into their possession, whereupon this action was instituted.
Per curiam.
Those circumstances are proper to be left to the jury, who may if they think proper determine 'upon them, that such acquiescence is proof of a confirmation of the bargain alter their arrival to age.
The jury found for the plaintiff, and the defendant? moved for a new trial but the court refused it.