Page:Parker v. Lewis, Hempst. 72 (Super. Ct. Ark. Terr. 1829).pdf/9

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80
SUPERIOR COURT.


legal title to the negroes, and to their possession, and that he had a right to take possession of them at any time. It has also been shown that Parker's rights under the mortgage remain unimpaired, as he still retains the power to redeem. The jury were distinctly instructed to exclude the value of the negroes from their estimate of damages. The verdict of the jury being contrary to law, and against the express instructions of the court, must be set aside.A new trial awarded.