Cowan v. . Tucker
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Iredell County, at the Fall Term, 18-17, his Honor Judge Pearson presiding. The action is detinue for two slaves, and, on the general issue pleaded, the evidence at the trial was, that the defendant married a daughter of one Allison, the plaintiff’s intestate, and that upon the marriage, Allison sent home with the defendant’s wife the two negroes, and that they remained in the defendant’s possession until the death of A'ilison, which…
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Appeal from the Superior Court of Law of Iredell County, at the Fall Term, 18-17, his Honor Judge Pearson presiding. The action is detinue for two slaves, and, on the general issue pleaded, the evidence at the trial was, that the defendant married a daughter of one Allison, the plaintiff’s intestate, and that upon the marriage, Allison sent home with the defendant’s wife the two negroes, and that they remained in the defendant’s possession until the death of A'ilison, which happened about twenty years afterwards. Upon this evidence the defendant insisted, that the slaves were to be considered…
1Opinion of the CourtRuffin, C. J.
We think the act of 1806 does not alter the rule of evidence before applicable to such cases ; and therefore, that the evidence here was properly rejected. In this very case it has heretofore been decided, that parol gifts are alone within the purview of the proviso to the act of 1806-5 Ired. 78. Therefore it was competent for the plaintiff to prove that the negroes were lent and not given. The question is, by what sort of evidence may the plaintiff establish the fact, that the defendant received them on those terms ? Evidence to the fact of the loan at the time the negroes were delivered, or…
2Cited by2 opinions
- Grandin v. . TriplettSupreme Court of North Carolina · 1917
- Stallings v. . StallingsSupreme Court of North Carolina · 1829