Harris v. . Yarborough
Supreme Court of North Carolina
This was an action of Covenant brought on a warranty of title in a bill of sale of certain slaves, tried before Bonn eh, Judge, in Granville Superior Court.
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This was an action of Covenant brought on a warranty of title in a bill of sale of certain slaves, tried before Bonn eh, Judge, in Granville Superior Court. In order to show a disturbance by better title, the plaintiff proved that the defendant’s intestate before the year 1806, and before the execution of the bill of sale, liad, by parol, given the slaves to one John Harris the younger, who had sued the plaintiff, and effected a recovery, and obtained possession* The defendant insisted that the parol gift was in law void as against the plaintiff, and therefore that the recovery effected…
1Opinion of the Court
GastoN, Judge.
The court is of opinion that the Judge erred in permitting the deposition to be read. It holds that when the notice for taking a deposition, names the hours of the day within which it is appointed to be taken, it is not enough that the deposition shall appear to have been taken on that day, but that it must also appear to have been taken within the prescribed hours.— Such the court believes to have been the general practice, and this practice it holds to be most consistent with principle. It is necessary that the time and place of taking the deposition, shall conform to the time…
2Cited by4 opinions
- Pearson v. . FisherSupreme Court of North Carolina · 1814
- Farrar v. . HamiltonSuperior Court of North Carolina · 1799
- Rutledge v. Read.Superior Court of North Carolina · 1803
- West v. . DubberlySupreme Court of North Carolina · 1816