Long v. . Wright
Supreme Court of North Carolina
This was an action of trover to recover the value of slaves Esther and Henry, tried before his Honor, Judge Caldwell,- • at the Spring Term, 1856, of Columbus Superior Court. The intestates of both plaintiff and defendant derived title to the slaves in question from one Washington Long.
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This was an action of trover to recover the value of slaves Esther and Henry, tried before his Honor, Judge Caldwell,- • at the Spring Term, 1856, of Columbus Superior Court. The intestates of both plaintiff and defendant derived title to the slaves in question from one Washington Long. On the 23rd of June, 1849, he conveyed by deed of that date, to the former four slaves, to wit, Esther, Maria, ITenry and Sam, for the consideration expressed of $800. On the 16th of May, 1851, he conveyed to the latter. two of these slaves, that is, Esther and Henry, for the consideration of $700. All four of…
1Opinion of the CourtPearson, J.
Tlie position that a conveyance of slaves made with an intent to hinder, delay and defraud creditors, is void against a subsequent purchaser, who bought “ in good faith, and paid therefor a fair price,” is not supported by any statutory provision, or by any principle of the common law.
The Act which protects subsequent purchasers against fraudulent conveyances, by its terms, is confined to “ lands and hereditaments.” Rev. Code, eh. 50, sec. 2, (27 Eliz.) It of course, does not apply to slaves. Garrison v. Brice, ante 85. After some hesitation, it was held to apply to copy-hold estates, Doe v.…
2Cited by3 opinions
- New Amsterdam Casualty Company, and Cross-Appellant v. Gladys N. Waller, and Cross-AppelleeCourt of Appeals for the Fourth Circuit · 1963
- State v. W. O. Sanders.Supreme Court of North Carolina · 1910
- New Amsterdam Casualty Company, and Cross-Appellant v. Gladys N. Waller, and Cross-AppelleeCourt of Appeals for the Fourth Circuit · 1963