Lavender v. Pritchard's Administrator
Superior Court of North Carolina
'THE plaintiff offered a witness, who was surety in the appeal bond ; and an objection being made to his competency on this account, the plaintiff’s counsel offered to give another surety in his place;
1Opinion
who had directed the jury that a delivery of part of the thing given was a good delivery of the whole of that species of property, took several days to consider of the motion for a new trial, and came into court with divers books, which he read in support of his former opinion. Our law, he said, was taken from the civil law, which allowed of a possession of part to be given in the name of the whole. 1 Brown Civil and Admiralty Law, 256. He said it was also analogous to the common law respecting the seisin of lands or of rents, where one thing may be given in the name of seisin of the rent or…
2Cases cited4 opinions
- Adams v. . HayesSupreme Court of North Carolina · 1842
- Wyatt v. . MorrisSupreme Court of North Carolina · 1836
- Garmon v. . BarringerSupreme Court of North Carolina · 1837
- McCulloch v. . TysonSupreme Court of North Carolina · 1823