Gregory v. . Perkins
Supreme Court of North Carolina
Detinue for six slaves, tried on the last Spring Circuit at Currituck, before Norwood Judge. On non detinet pleaded, the case was that the plaintiff claimed under a bill of sale made by Wm. Perkins hearing date the 9th day of July 1826, which was proved in November 1830, and registered in February 1832. The defendant claimed under a sale upon execution against the same Wm.
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Detinue for six slaves, tried on the last Spring Circuit at Currituck, before Norwood Judge. On non detinet pleaded, the case was that the plaintiff claimed under a bill of sale made by Wm. Perkins hearing date the 9th day of July 1826, which was proved in November 1830, and registered in February 1832. The defendant claimed under a sale upon execution against the same Wm. Perkins, made on the 30th day of November 1829, and a bill of sale from the sheriff dated the first day of December following and registered the next day. The deed to the plaintiff purported to be absolute, and to convey…
1Opinion of the Court
RuitiN Chief-Justice.'
After stating the case, proceeded as follows : The recent case of Jones v. Sasser, (ante 3 vol. p. 378.) sustains the Judge of the Superior Court upon the second point. The objection of the defendant upon the first ground seems to be a misapplication of the act of 1820, (Rev. c. 1037,) to his case. That act has for its object, the giving of notice of the existence and extent of encumbrances, which is to be effected by the registry of the instruments by which they are created. That purpose cannot be effected in that mode, if the instrument itself does not purport to be a…
2Cited by5 opinions
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- Bernhardt v. . BrownSupreme Court of North Carolina · 1898
- Gaither v. . MumfordSupreme Court of North Carolina · 1817
- Gorrell v. AlspaughSupreme Court of North Carolina · 1897