Davis v. . Garrett
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Warren County, at Fall Term, 1842, his Honor Judge Battle presiding. This was an action of debt upon a note executed by the defendant to the plaintiff, and was commenced by original attachment, which was levied upon the defendant’s interest in four negroes, and returned to Warren County Court.
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Appeal from the Superior Court of Law of Warren County, at Fall Term, 1842, his Honor Judge Battle presiding. This was an action of debt upon a note executed by the defendant to the plaintiff, and was commenced by original attachment, which was levied upon the defendant’s interest in four negroes, and returned to Warren County Court. At the term to which the attachment was returned, William Burt and John A. Burt filed" their petition in writing, therein setting forth a claim to seven eights of one undivided fifth part of the slaves, as -trustees for the children of the defendant Garrett. In…
1Opinion of the CourtRufpjn, C. J.
Very much' for the reasons given in the full and satisfactory argument of the counsel for the inter-pleaders, the court is of opinion, that the judgment should be affirmed, indeed, we think, that the interest of the wife in' the negroes is not the subject of attachment at the suit of the husband’s creditors; because no specific and tangible property can be attached, which cannot be sold under the execution, after judgment obtained. And we are of opinion, as stated in the argument, that the purposes of the trust absolutely demand, that the legal estate should vest in the trustees ; and,…
2Cited by3 opinions
- Johnson v. . WhildenSupreme Court of North Carolina · 1914
- Post-Glover Electric Co. v. McEntee-Peterson Engineering Co.Supreme Court of North Carolina · 1901
- Stein v. . CozartSupreme Court of North Carolina · 1898