Foster v. . Woodfin
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Buncombe County, at the Special Term in February 1850, his Honor Judge Caldwell presiding.
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Appeal from the Superior Court of Law of Buncombe County, at the Special Term in February 1850, his Honor Judge Caldwell presiding. This is trover for a slave, Lucinda, and her children, and was tried on the general issue., Both parties claimed under one Benjamin Ratcliff: the defendant,as a purchaser at a sale under execution,and the plaintiff, under a conveyance to his wife, who was a daughter of Rat-cliff The question was, whether the deed to the daughter was bona fide, or fraudulent against the father’s creditors. The plaintiff produced the bill of sale to his wife, dated in March 1835,…
1Opinion of the CourtRuffin, C. J.
The objection to the evidence is not well founded. The acts and declarations of the father, while in possession of the slave, as to the nature of his possession and claim of title, are evidence on those points» though they occurred after his conveyance toh'isdaughter Askew v. Reynolds, 1 Dev. & Bat. 367. Whether the statement of the son to the witness was competent or not, depends upon the question, whether the son was the father’s agent to enter into the arrangement, as it was called, with the witness, or induce the witness to become the surety for the appeal upon the security of the negro…
2Cited by1 opinion
- Bank v. Levy.Supreme Court of North Carolina · 1905