Knight v. . Leak
Supreme Court of North Carolina
Detinue for a slave named Bob, brought by the same persons who were plaintiffs in the preceding case of Knight et ál. v. Wall, and tried at the same time. One question was presented in this case, arising upon an exception to the charge of the Judge, by the defendant, besides those that were raised in that case. William Hicks, by his last will, bequeathed a negro girl,- Grace, to his daughter Frances, for life; and after the death of the said Frances, to her children.
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Detinue for a slave named Bob, brought by the same persons who were plaintiffs in the preceding case of Knight et ál. v. Wall, and tried at the same time. One question was presented in this case, arising upon an exception to the charge of the Judge, by the defendant, besides those that were raised in that case. William Hicks, by his last will, bequeathed a negro girl,- Grace, to his daughter Frances, for life; and after the death of the said Frances, to her children. Frances, the legatee for life, was the wife of Moses Knight, who, by the assent and delivery of the executors of Hicks, took…
1Opinion of the Court
Gaston, Judge,
after stating the case as above, proceeded : — Doubts have recently been entertained and expressed, whether a remainder in a chattel, can be sold on a fi. fa. These doubts arise because of the difficulty of making such a seizure of interests of-this kind, as the law requires of sheriffs, in a levy of personal property, consistently with the right of possession in the present holder ; and because of the necessity of actually exhibiting, at the time of sale, the chattel which is offered, or any interest in which is offered by the sheriff for sale. They are rendered more imposing,…
2Cited by5 opinions
- Woodard v. ClarkSupreme Court of North Carolina · 1952
- Finlayson v. Cabarrus Bank & Trust Co.District Court, M.D. North Carolina · 1960
- Maynard v. . MooreSupreme Court of North Carolina · 1874
- Neale v. . HaddockSuperior Court of North Carolina · 1802
- Sheppard v. . SimpsonSupreme Court of North Carolina · 1827