Smith's adm'r v. Betty , 11 Gratt. 752 ( 1854 )

Moncure, J.

concurred in so much of the opinion as reverses the decree in favor of the paupers, and dismisses their bill, on the ground that they were not intended to be free. But he thought that the deed was either obtained by fraud or on a secret trust in favor of the slaves: And there was sufficient evidence to authorize an issue in the second suit.