Dealy v. Lance

Citations

• 29 S.C.L. 487

Syllabus

<p>1. Bequest of a slave to plaintiff’s intestate, assented to by the executor, but never in his actual possession.' After the death of the legatee, a minor, the slave went into the possession of the guardian of plaintiff and his sisters, the distributees of the deceased minor. The guardian sold to defendant, in whose possession the property remained several years. Upon the grant of administration to plaintiff, there was a demand and refusal of the slave, upon which he commenced an action of trover. Upon the grant of administration to plaintiff, the right of the intestate vested in him, and his administration by relation carried that right back to the intestate’s death. Vide 2 Brev. Rep. 307.</p> <p>2. The demand and refusal of itself was evidence of a conversion from the time the defendant acquired possession.</p> <p>3. Plaintiff held entitled to recover the value of the property at any time from that at which it went into defendant’s possession to the trial of the case; also that the jury might give the highest value proved. Plaintiff also entitled to hire from the same time.</p>