Clayton v. Liverman
Supreme Court of North Carolina
' This was an action of detinue for three slaves, tried before his honor Judge Saunders, at Tyrrel, on the last circuit. The plaintiff claimed the slaves in question, under the following instrument, which he contended was a deed of gift: “ State op North Carolina, ") Tyrrel County.
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' This was an action of detinue for three slaves, tried before his honor Judge Saunders, at Tyrrel, on the last circuit. The plaintiff claimed the slaves in question, under the following instrument, which he contended was a deed of gift: “ State op North Carolina, ") Tyrrel County. J “ Know all men by these presents, that I, Patsey Liver-man, and Sarah Liverman, of the aforesaid county, do, for the good will and divers of good causes which we have not mentioned, have given and bequeathed unto Edmund Clayton, the following articles, viz. first, we give and bequeath fifty acres of land, which…
1Opinion of the Court
Daniel, Judge,
after stating the case as above, proceeded as follows: The rules of law, as to the delivery of deeds, were properly laid down by the Judge, Moore vs. Collins, 4 Dev. 384. But we think that there was no evidence in this cause for the application of those rules. There were neither acts done nor words spoken, from which a delivery of the paper as a deed to the plaintiff, or to any person for him, could be inferred. The manner in which the plaintiff got possession of the paper is accounted for by the proof of his residence with his aunts, and his taking possession of all their…
2Cited by2 opinions
- Nichols v. . PalmerSupreme Court of North Carolina · 1816
- Ward v. . WardSuperior Court of North Carolina · 1802