Rhodes v. . Holmes
Supreme Court of North Carolina
From Robeson. This was an action of covenant. The Defendant’s ientaior, in his life-time, had sold and delivered to the Plaintiff, certain negroes, and in the bill of sale for said negroes he covenanted ia the following words, viz. “ And íf Í hereby promise for myself, my heirs, executors, and “ administrators, to warrant and defend the said negroes Ji as before named, unto the said Rhodes, his heirs and u assigns forever, against the claim of all persons what- “ soever.”
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From Robeson. This was an action of covenant. The Defendant’s ientaior, in his life-time, had sold and delivered to the Plaintiff, certain negroes, and in the bill of sale for said negroes he covenanted ia the following words, viz. “ And íf Í hereby promise for myself, my heirs, executors, and “ administrators, to warrant and defend the said negroes Ji as before named, unto the said Rhodes, his heirs and u assigns forever, against the claim of all persons what- “ soever.” The bill of sale was duly proven by the oath of the subscribing witness, and ordered to be registered 30th October, 1798 ;…
1Opinion
In 1796, it was decided in Knight v. Thomas, 2 N.C. 289, that a parol sale of slaves was good as between the parties thereto, and that Laws 1784, ch. 225, sec. 7, which declares that all sales of slaves shall be in writing, and attested by one credible witness, and registered within nine months, was made for the benefit of creditors only.
In the present case it appears that the negroes, for the value of which this suit was brought, were delivered to the purchaser, and if there had been no bill of sale the sale would be valid as between the parties, according to Knight v. Thomas. But the…
2Cases cited5 opinions
- Den Ex Dem. Ingram v. KirbySupreme Court of North Carolina · 1836
- Tooley v. . LucasSupreme Court of North Carolina · 1855
- Palmer v. . FaucettSupreme Court of North Carolina · 1829
- State Ex Rel. Woods v. FullerSupreme Court of North Carolina · 1844
- Knight v. . ThomasSuperior Court of North Carolina · 1796