
    
      Hostler's Administrators vs. Scull.
    
    A FTER argument, Taylor, Judge, delivered his opinion.- - . Hostler was in possession of the slave in question; Scull got the possession from him ; and after, this action and pleading thereto, obtained letters of administration of the estate of John Vernon, to whon\ the negro belonged — And I am of opinion that Scull’s proving the title of this negro to be in any th:r<i person, will disprove that the property was in Hostler, although, Scull himself has no property, and will overturn the plaintiff’s claim ; for in this action, the plaintiff must prove property in himself: And although his prior possession is evidence of property, still it is only presumptive evidence, which is overturned by proof of property in another.
    
      Haywood for Hostler’s Administrators.
   Spuere de hoc. — <Vide 7 Term, 591.

A possessor of a personal chattel, who has got the possession not unlawfully, cannot be deprived of it legally, but by ti e true owner ; and that was the substance of the argument of the plaintiff’s counsel.  