A slave that had been stolen from Smith in Alabama, was brought to Georgia and sold to McBain. Action by Smith to recover the slave called Martin. McBain tried to use the fact that Smith had not prosecuted the thief, Joshua Ferguson, but on a non suit on these grounds was denied. Smith said that there was a suit in Kentucky pending on the matter of Ferguson and the debts he owed, the question of the slave and other matrers. Ferguson had been Smith's factor for cotton business in New Orleans. McBain cited various errors in his appeal, but the Supreme Court affirmed the verdict of the court below in favour of Smith.