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DUNCAN CAMPBELL v. DANIEL CAMPBELL.

From Robeson.

A, B and C are tenants in common of certain negro slaves. B takes possession of the slaves, and A demands of him to deliver over to him one-third of them. B refuses, and A brings an action of trover against him to recover the value of one-third of the slaves. This action cannot be maintained.

BY THE COURT.

This action cannot be maintained in the present case. Let a nonsuit be entered.

Cited: Bonner v. Latham, 23 N.C. 275; Powell v. Hill, 64 N.C. 171; Grim v. Wicker, 80 N.C. 344; Strauss v. Crawford, 89 N.C. 151.

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CAMPBELL v. CAMPBELL
(Jul 1, 1811)