Legal Opinion

McLean v. . Hardin

Supreme Court of North Carolina

Decided June 5, 1857PublishedCited by 3 opinions

Tms cause was removed from the Court of Equity of Alamance. The plaintiff, Mrs. McLean, is the wife of Thos. Gf. McLean, one of the defendants. They were married in North Carolina, and have ever since tlfeir marriage resided in this State.

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Tms cause was removed from the Court of Equity of Alamance. The plaintiff, Mrs. McLean, is the wife of Thos. Gf. McLean, one of the defendants. They were married in North Carolina, and have ever since tlfeir marriage resided in this State. Mrs. Glass, the mother of Mrs. McLean, a citizen of the State of Mississippi, died in that State, intestate, in the year -. Upon the distribution of the personal estate of Mrs. Glass, a negro slave, named Alick, was assigned to Mrs. McLean, and was delivered by the administrator toiler husband, the defendant Thomas, who brought him to the County of…

1Opinion of the CourtPearson, J.

“ Movable property ” attends the person, and therefore, is called “personal,” as distinguished from fixed, or real property; and the general principle is that, no matter where it may happen to be, it is subject to the law of the do-micil ; and although it be in a foreign country, it is governed by the same rules and laws of transfer and succession as if the owner had it in possession at home. Moye v. May, 8 Ire. Eq. Rep. 134.

The plaintiff and her husband are citizens of this State. They were married here, and have always lived here. As soon, therefore, as the title to the slave in controversy…

2Cited by3 opinions

  1. Cutter v. American Trust Co.Supreme Court of North Carolina · 1938
  2. Cutter v. . Trust Co.Supreme Court of North Carolina · 1938
  3. Holshouser v. . Copper Co.Supreme Court of North Carolina · 1905

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