PRESENT

His Ex. Azuren CLarke, Esq: Lieut. Governor President,

The honble Mr. Chief Justice Smrrn, Mr. Finzay, Mr. Basy and Mr. DEeLoncveurt,

Peter McFarlane, Appellant Judgment in appeal. nd

a Jacob Smith, Respondent. The debates on this appeal, went to points not raised by the case as it stands upon the apostils. |

The Respondent was Plaintiff in the Common Pleas, in an action of trespass for taking away his wife, and her cloaths of the value of £50, and detaining both from him to his damage £2000.

The defence admits the fact in charge, but justifies it as lawfull, avering the Plaintiff’s wife to be the Defendant’s slave, and the cloaths to be his property.

Such being the pleadings, it lay upon the Defendant to prove his property in the Plaintifl’s wife ; and that faïling, nothing remained but to liquidate the damages due to the Plaintiff. The sentence below gives damages to £100.

The merits of the appeal therefore, must turn upon the questions,