
    Thomas Teague v. Andrew Maxwell.
    In an action of trover for a negro woman, the value of a child bom pendente lite, cannot be recovered, but must be the subject of another aotion.
    This was an action of trover to recover the value of a negro child, to which the plaintiff claimed a right.
    It appeared that, by a former action of this nature, the plaintiff had recovered of the defendant the value of a negro woman, (mother of this child,) pending which action the child in question was born.
    The presiding judge deeming the present action not maintainable, from existing circumstances, which, in his view, precluded the idea of separate identity between the mother and this child, directed a nonsuit, with leave to set it aside, should the legal position taken by the Court fail on an appeal.
   The opinion of the Court was delivered by

Gantt, J.

The Court' are of opinion, that recovery alone, in an action of trover, fixes the right of property in the defendant. That the child in question constituted no part of the former suit. That the identity of the child *is to be considered separate and distinct from that of the mother. The right of property whereof is still in the plaintiff.

The nonsuit must therefore be set aside, and the case reinstated on the docket.

Grimke, Colcock, Cheves, Nott and Johnson, JJ., concurred. 
      
       Rice 62; 1 Sp. 182; 2 McC. R. 228.
     
      
       See Tydiman v. Rose, Rich. Eq. Ca. 297.
     