Barnes v. . Ward
Supreme Court of North Carolina
Cause removed from the Court of Equity for Robeson county, at Spring Term, 1850. In 1828, the defendant Enoch Ward, intermarried with the mother of the plaintiff, Eliza, who was then a child. The said Eliza then owned no property except a woman slave, named Sylvia, who afterwards bofe a child ; and these were sold by the defendant, Ward, who received the price.
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Cause removed from the Court of Equity for Robeson county, at Spring Term, 1850. In 1828, the defendant Enoch Ward, intermarried with the mother of the plaintiff, Eliza, who was then a child. The said Eliza then owned no property except a woman slave, named Sylvia, who afterwards bofe a child ; and these were sold by the defendant, Ward, who received the price. In 1835, the bill states, that one Rhodes, as the next friend of the feme plaintiff, caused a suit to be instituted against the said Ward, to recover the value of said slaves ; and pending the action, in August of that year, he had…
1Opinion of the CourtNash, C. J.
The bill is filed to restrain the defendants from pleading, or using at law, a release given by the plaintiff Barnes to the defendant Ward. Ward, after he married the mother of Eliza Barnes, and before his appointment as her guardian, took into his possession a negro woman, the property of his ward. This negro he sold, and the action at law is upon the guardian bond to call him to account; and he has pleaded the release in his de-fence. The equity of the plaintiffs consists in the alleged fact that the release was given without any consideration. This fact would not avail the plaintiffs at…
2Cases cited1 opinion
- Minturn v. SeymourNew York Court of Chancery · 1820
3Cited by2 opinions
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