McAllister v. . McAllister
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Richmond County, at the Spring Term 1851, his Honor Judge Manly presiding. Detinue for a slave Caroline and her two children, which was tried on non detinet and the statute of limitations. The case was, that John McAllister owned the slave Caroline and conveyed her for life to the defendant, his sister.
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Appeal from the Superior Court of Law of Richmond County, at the Spring Term 1851, his Honor Judge Manly presiding. Detinue for a slave Caroline and her two children, which was tried on non detinet and the statute of limitations. The case was, that John McAllister owned the slave Caroline and conveyed her for life to the defendant, his sister. Afterwards the defendant executed a deed to the said John of the following tenor : I, Sarah McAllister, having a life time right from my brother, John McAllister, for a negro woman named Nicey and her two children, Yalentine and Caroline, which right…
1Opinion of the CourtRuffin, C. J.
The exceptions do not furnish any ground for reversing the judgment. The objection to the validity of the deed made by thedefendants is founded on the technical nature of a release, and the possession of the slaves held at the time by the defendant. But, if that had any application to personal chattels, it is answered by the settled rule, that if a deed cannot operate in one way, as intended, it shall operate in any other, which will make it effectual — ut res magis valeat quam 'pereat. Therefore, if this be not good as a release, it must be upheld as a bill of sale or deed of gift. If there…
2Cited by16 opinions
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- State v. . CraneSupreme Court of North Carolina · 1892
- State v. . StewartSupreme Court of North Carolina · 1925
- State v. GreenSupreme Court of North Carolina · 1959
- State v. StewartSupreme Court of North Carolina · 1925
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