Morgan v. Purnell.
Supreme Court of North Carolina
From Halifax. This was an action of detinue for slaves, tried below before Donneix, Judge. The plaintiff claimed title under a parol gift from his mother, Ann Gkmterr made pri- or to the year 1806, and offered evidence to establish the fact of such a gift. The mother was living with Peter Morgan, the. father of the plaintiff, at the time of the alleged gift, but was not his wife at that time.
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From Halifax. This was an action of detinue for slaves, tried below before Donneix, Judge. The plaintiff claimed title under a parol gift from his mother, Ann Gkmterr made pri- or to the year 1806, and offered evidence to establish the fact of such a gift. The mother was living with Peter Morgan, the. father of the plaintiff, at the time of the alleged gift, but was not his wife at that time. Defendant contended, that plaintiff’s mother was afterwards married to Peter Morgan, and defendant claimed the slaves under two bills of sale, one from the executors of Peter Morgan to Wilson Carter,…
1Opinion of the Court
For the purpose of proving the marriage of Peter Morgan with plaintiff's mother, defendant offered to read the deposition of one Mary Dagget, which was admitted to have been regularly taken, but (96) was objected to on behalf of the plaintiff as containing only the declarations of the persons under whom the defendant claimed, and made subsequently to the plaintiff's title derived from her. The objection was sustained. The deposition was as follows:
"I know nothing of my knowledge, only that she, Mrs. Morgan, told me herself that she and Mr. Peter Morgan were married.
"I know nothing of any gift…
2Cited by3 opinions
- Rollins v. . WickerSupreme Court of North Carolina · 1911
- Scaife v. Western North Carolina Land Co.Court of Appeals for the Fourth Circuit · 1898
- State v. . JeffreysSupreme Court of North Carolina · 1926