| Summary: | Action of trover brought by Roberts against Boylan for the recovery of a slave, Mary. It was deposed that in 1851 Mary's owner, Adam Short, had become insolvent and had executed a deed to Roberts for all his property. Several slaves were named in the document, whom Roberts sold at auction for the benefit of Short's creditors. Mary, however, had not been named in the deed and stayed in Short's possession. Subsequently an execution was procured against Short and Mary was seized by the sheriff and sold. Roberts requested the sheriff to leave Mary with Short for him, Roberts, to deal with, but Mary was then sold by the sheriff without Roberts objecting. Short was present at the sale and gave no notice that the property being sold was not his. Boylan bid successfully for Mary and paid [dollars] 460 for her. Roberts subsequently brought this suit for trover. The judge found for Boylan and Roberts appealed. The Supreme Court found that because Mary's name was not included in the list of slaves in the deed executed by Short to Roberts, title to her did not pass with it, even though it purported to convey all Short's property. Judgment affirmed.
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