Bethea v. . McLennon
Supreme Court of North Carolina
This was art action of detinue for sundry slaves, tried at Fall Term, 1840, of Cumberland Superior Court of Law, before his honor judge Settle. It was proven that the s^aves were once the property of the plaintiff’s intestate, but the defendant claimed them under a deed, made by the said intestate to the defendant. . It was insisted by the plaintiff, that, at the time of making the said deed, his intestate was non compos mentis.
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This was art action of detinue for sundry slaves, tried at Fall Term, 1840, of Cumberland Superior Court of Law, before his honor judge Settle. It was proven that the s^aves were once the property of the plaintiff’s intestate, but the defendant claimed them under a deed, made by the said intestate to the defendant. . It was insisted by the plaintiff, that, at the time of making the said deed, his intestate was non compos mentis. As a part of his proof, the plaintiff relied upon an inquest of lunacy, a copy of the proceedings on which was produced. To this the defendant objected, as being…
1Opinion of the CourtGaston, J.
In support of the exception taken at the trial to the admission in evidence of the inquisition of Lunacy, it has been insisted, in the first place, that the proceeding, wherein it was had, was so irregularly conducted, as to render such inquisition void. The alleged irregularities are, that the writ issued without a previous affidavit, and that it does not appear that the alleged Lunatic was present before the inquest, or was notified to attend the inquest, when taking the inquisition.
Considering the inconvenience and distress, which may result from the issuing of a commission of Lunacy…
2Cited by8 opinions
- Sims Ex Rel. Sprinkle v. SimsSupreme Court of North Carolina · 1897
- Randolph v. . McGowansSupreme Court of North Carolina · 1917
- Clark v. . WhitehurstSupreme Court of North Carolina · 1915
- Cockrill v. CockrillCourt of Appeals for the Eighth Circuit · 1899
- In Re Simmons Ex Rel. FrinkSupreme Court of North Carolina · 1962
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