Choat v. . Wright
Supreme Court of North Carolina
From Surry. Trover for a slave, and on the. trial before Daotee Judge, the Defendant, under the gpneral issue, gave in evidence, that an execution against one Isham Choat, came to his hands as Sheriff of Surry, under which he seized the slave, and the only question was, whether the Defendant in that execution had a title to the slave.
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From Surry. Trover for a slave, and on the. trial before Daotee Judge, the Defendant, under the gpneral issue, gave in evidence, that an execution against one Isham Choat, came to his hands as Sheriff of Surry, under which he seized the slave, and the only question was, whether the Defendant in that execution had a title to the slave. On the evidence, it appeared that the slave, had been the property of one Syberi Choat, and w as by the Plaintiff, as his executrix, set up at public auction, and stricken off to Isham Shoat at 600 dollars; that the slave was delivered to the vendee, but no bill…
1Opinion of the Court
Ruffin, Judge.
We should lend a ready ear to any plausible argument, tending to prove that this ca.se is within the statute of frauds. (Jlctof 1819, Reo. c. 1016): For we feel, that all the mischiefs are as apt to arise out of executed, as executory contracts. But the words are too strong and plain to be got over. We think it extremely probable, that the draughtsman considered, when jie put lands and slaves on the same footing, that he re-qaired all contracts respecting each to be in writing. If he did, it was a great mistake. However the words of ^le act might be construed, if applied to…
2Cited by9 opinions
- Dobias v. WhiteSupreme Court of North Carolina · 1954
- Herndon v. . R. R.Supreme Court of North Carolina · 1913
- Hall v. . FisherSupreme Court of North Carolina · 1900
- Herring v. Volume Merchandise, Inc.Supreme Court of North Carolina · 1958
- Brinkley v. Brinkley.Supreme Court of North Carolina · 1901
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