Brent v. Chapman

• Decision Date: 01 February 1809
• Citation: Brent v. Chapman, 9 U.S. 358, 5 Cranch 358, 3 L.Ed. 125 (1809)
• Parties: BRENT v. CHAPMAN
• Court: U.S. Supreme Court

9 U.S. 358

5 Cranch 358

3 L.Ed. 125

BRENT v. CHAPMAN.

February Term, 1809

ERROR to the circuit court for the district of Columbia, sitting at Alexandria, in an action of trespass brought by Chapman against Brent, marshal of the district of Columbia, for taking in execution, on a fi. fa. against the estate of Robert Alexander, deceased, a slave named Ben, who was claimed by Chapman as his property.

The jury found a verdict for the plaintiff, subject to the opinion of the court upon a statement of facts agreed by the parties, which was in substance as follows:

The slave was the property, and in possession of the late Robert Alexander the elder, at the time of his death. His sons, Robert Alexander, and Walter S. Alexander, were named executors of his will, but never qualified as such. On the 17th of December, 1803, Walter S. Alexander took out letters of administration with the will annexed. No division was

ever made, by the order of any court, of the personal estate of the deceased among his representatives; but previous to August, 1800, a parol division of the slaves was made between Robert Alexander the younger, and his brother, Walter S. Alexander, the latter being then under the age of twenty-one years. Robert Alexander the younger being possessed of the slave, and being taken upon an execution for a debt or debts due from himself in his individual character, in August, 1800, took the oath of insolvency under the laws of Virginia, and delivered up to the sheriff of Fairfax county, in that state, the slave as a part of his property included in his schedule. The sheriff sold him at public sale, and the plaintiff, knowing the slave to belong to the estate of the deceased Robert Alexander as aforesaid, became the purchaser for a valuable consideration, and took possession of the slave, and continued possessed of him under the sale and purchase until July...