Gillis v. . McKay
Supreme Court of North Carolina
Fherebee Williams, by deed, bearing date the 20th of November, 1827, .reciting that she had in. consideration of natural love, by deed executed in 1788, conveyed to her three brothers, Isaac, Samuel and Joel, certain ■slaves therein mentioned, and that doubts were enter* rained of the validity of that deed, and that all her said brothers were dead, and that she wished to confirm the title to their children, and give greater validity to the first deed of gift, in…
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Fherebee Williams, by deed, bearing date the 20th of November, 1827, .reciting that she had in. consideration of natural love, by deed executed in 1788, conveyed to her three brothers, Isaac, Samuel and Joel, certain ■slaves therein mentioned, and that doubts were enter* rained of the validity of that deed, and that all her said brothers were dead, and that she wished to confirm the title to their children, and give greater validity to the first deed of gift, in consideration of the premises, conveyed the said slaves before mentioned, and others, their increase, to the number of fifty nine in…
1Opinion of the Court
IluFiriN, Chief-Justice.
After stating the case as above, proceeded as follows:
The words of tbe act of 1777 (Rev. c. 115, § 25) are u estate and effects.” But from tlie nature of the jurisdiction of courts of law, they have been understood in a modified sense. In relation to specific property, attachment is analogous to execution; and in respect to dioses, not in possession, it is substantially an action at law by the defendant in attachment, (Peace v. Jones, 3 Murph. 256. Elliott v. Newby, 2 Hawks, 22.) As a general description of the uses of this process, this seems to be a just one; nor do…
2Cited by10 opinions
- Patrick v. . BeattySupreme Court of North Carolina · 1932
- Root v. RoseNorth Dakota Supreme Court · 1897
- Rowland Hardware & Supply Co. v. LewisSupreme Court of North Carolina · 1917
- State v. DavisCourt of Appeals of North Carolina · 1975
- Evans v. BrendleSupreme Court of North Carolina · 1917
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