Tilghman v. . West
Supreme Court of North Carolina
Appeal from an interlocutory decree, dissolving an injunction, made at the Fall Term, 1851, of Lenoir Court of Equity, his Honor Judge Dick presiding. The facts relied upon in this case, are the same as those in the case at law between the same parties, reported 9 lied. 163.
1Opinion of the CourtNash, J.
At the December Term, 1848, the case of West v Tilghman was decided, 9 Ire. Rep. 163. That was an action at law, brought to recover the boy Reuben, and under the same state of facts as exist here. The Court then decided, that tile legal title to the negro was not lost by the plaintiff’s being present at the sale, and not forbidding it. Upon the granting of the venire de novo, in that case, the then defendant, Tilghman, filed this bill for an injunction, to restrain the plaintiffs at law from proceeding in their action. The injunction was granted ; and, upon the coming in of the answers, on…
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