Ingram v. . Smith
Supreme Court of North Carolina
Cause removed from the Court of Equity of Anson County, at the Spring Term 1849. The bill was filed in September 1841, and prays to redeem four negroes and their increase. The negroes were conveyed to the defendant early in 1824, and consisted of a woman, aged 17 years, and her three female children— one of the age of six years ; another, four ; and the youngest, about one.
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Cause removed from the Court of Equity of Anson County, at the Spring Term 1849. The bill was filed in September 1841, and prays to redeem four negroes and their increase. The negroes were conveyed to the defendant early in 1824, and consisted of a woman, aged 17 years, and her three female children— one of the age of six years ; another, four ; and the youngest, about one. The consideration expressed in the deed is the sum of @711 36; and it has the following c’ause of redemption : ‘Now, if the said money with interest be paid to the said Smith on or before the 1st day of November, 1825,…
1Opinion of the CourtRuffin, C. J.
Many witnesses have been examined, chiefly to the value of the negroes in 1823, and there is great disparity in the respective estimates. The evidence appears to the Court, rather to preponderate in establishing the sum mentioned in the bill of sale to be a fair price. Taking that to be so, and finding it proved, that upon the settlement made, when the deed was given, all the old bonds were given up to the plaintiff, and no new one taken ; that, shortly before the 1st of November 1S23, the plaintiff gave up the negroes and the defendant has held them over since, claiming them as his own and…
Also in this document: Per curiam.
2Cited by3 opinions
- Harding v. GillettSupreme Court of Oklahoma · 1909
- Long v. . CleggSupreme Court of North Carolina · 1886
- Bradburn v. . RobertsSupreme Court of North Carolina · 1908