Legal Opinion

Hafner v. Irwin

Supreme Court of North Carolina

Decided December 15, 1839PublishedCited by 2 opinions

This was an action of Trover, brought by the plaintiff, to recover of the defendants damages for the conversion of certain articles mentioned in a deed in trust, executed by one Thomas Dwight. On the trial, at Mecklenburg, on the last circuit, before his Honor Judge Dick, the deed in trust was produced and proved.

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This was an action of Trover, brought by the plaintiff, to recover of the defendants damages for the conversion of certain articles mentioned in a deed in trust, executed by one Thomas Dwight. On the trial, at Mecklenburg, on the last circuit, before his Honor Judge Dick, the deed in trust was produced and proved. It commenced in the following terms: “ Know all men by these presents, that I, Thomas Dwight, of the county of Mecklenburg, State of North Carolina of the one part, and Alfred Hafner of the other part, witnessetb, that the said Thomas Dwight, for and in consideration of ten…

1Opinion of the Court

Daniel, Judge.

The authorities cited by the plaintiff’s counsel, shew clearly that the judge erred, when he decided the plaintiff could not sustain an action of Trover in his own name, to recover the value of the articles mentioned in the deed, if they were converted by the defendants. Dwight, in the premises of the deed, bargained and sold the property .to the plaintiff, his heirs, executors, &c. However, in the same deed, the habendum is to M. W. Curry, his heirs and assigns in trust, &c. All the parts of a deed which precede the habendum, taken together, are called the premises; of which it…

2Cited by2 opinions

  1. Blackwell v. . BlackwellSupreme Court of North Carolina · 1899
  2. Wilson v. TerryMichigan Supreme Court · 1902

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