Legal Opinion

Cummings v. MacGill.

Supreme Court of North Carolina

Decided July 5, 1818PublishedCited by 3 opinions

From Bladen. Heplevin for a slave. — In December 1814, the negro was the property of one Tryon Smith, when the Sheriff having au execution against Smith, levied it on the negro, and on the 24th of December exposed her to sale at Bladen Court House to the highest bidder, she being then present.

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From Bladen. Heplevin for a slave. — In December 1814, the negro was the property of one Tryon Smith, when the Sheriff having au execution against Smith, levied it on the negro, and on the 24th of December exposed her to sale at Bladen Court House to the highest bidder, she being then present. Defendant was the last bidder at the sum of 8908 15: The Defendant not having the money, the Sheriff at his request, allowed him until the next day to make payment ; Defendant failed to make payment on the next day; and a few days afterwards gave to Plaintiff, who was the next highest bidder on the…

1Opinion of the Court

The defendant not having the money, the sheriff at his request allowed him until the next day to make payment; defendant failed to make payment on the next day, and a few days afterwards gave to plaintiff, who was the next highest bidder on the 24th, a bill of sale for the negro, without (358) having exposed her to public sale again. Soon after, defendant obtained possession of the negro, by going at night to a place where this negro and others had assembled to dance, and kept possession until she was replevied.

There was no formal delivery of the slave made by the sheriff to either party.

The…

2Cited by3 opinions

  1. Cummings v. . MacGillSupreme Court of North Carolina · 1817
  2. Jameson v. KimbroughTennessee Supreme Court · 1962
  3. Wrenford v. . GordonSuperior Court of North Carolina · 1778

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