Alexander v. . Torrence
Supreme Court of North Carolina
Action for covenant for the warranty of title to a slave, tried before Pbeson, J., at the Pall Term, 1857, of Mecklen-burg Superior Court. The slave, Caleb, the subject of this action, had originally 'belonged to one-Benjamin Johnson, of Abbeville District, South Carolina, who made a deed of gift for him to his sister Anne, afterwards intermarried with John Burnet.
Read the full summary
Action for covenant for the warranty of title to a slave, tried before Pbeson, J., at the Pall Term, 1857, of Mecklen-burg Superior Court. The slave, Caleb, the subject of this action, had originally 'belonged to one-Benjamin Johnson, of Abbeville District, South Carolina, who made a deed of gift for him to his sister Anne, afterwards intermarried with John Burnet. On the death of Benjamin- Johnston, his son, John John-ston, in 1837, sold the slave in question, to James Caldwell, who was passing through that State-, and he carried him- to Alabama, and sold, him to- the plaintiff, Alexander,…
1Opinion of the CourtPeaksoit, C. J.
It is unnecessary to notice many of the exceptions set out in the statement -of the case ; because the Court is of opinion that the defendant is entitled to a ■venire de novo upoa the merits.
To maintain the action, it was necessary for the plaintiff to prove an eviction by title paramount. There was sufficient evidence of an eviction ; for the fact that the slave went into the possession of Burnet, who, upon demand, refused to give him up, and that the plaintiff brought an action of trover against hisa, .and failed to recover., isas full proof of an eviction as if Burnet had sued the…
2Cited by2 opinions
- Fidelity Co. v. Jordan.Supreme Court of North Carolina · 1904
- Allen v. . PassSupreme Court of North Carolina · 1838