A gave a negro slave to his niece B, and agreed to keep the slave at his own expense during his life. Before A's death, B intermarried with C, who, after A's death, brought an action of detinue for the slave in his own name. The possession of the slave having vested in B by the gift, and A having held her during his life for the use of B, C can maintain the action in his own name.
From Hillsborough.
By MACAY, TAYLOR and LOCKE, JJ.
We are of opinion that the action will lie in the name of the husband alone, and that the name of the wife need not be joined.
HALL, J., contra.