Craig v. . Miller
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Henderson County, Spring Term 1851, his Honor Judge Settle pref siding. This is trover for a slave, and was decided on the following case agreed, Thomas Rhodes, of Buncombe County,owned the slave and died intestate in the year 1827, leaving a widow and an only child then-married to John Miller No administration was taken on the estate,- but Mrs..
Read the full summary
Appeal from the Superior Court of Law of Henderson County, Spring Term 1851, his Honor Judge Settle pref siding. This is trover for a slave, and was decided on the following case agreed, Thomas Rhodes, of Buncombe County,owned the slave and died intestate in the year 1827, leaving a widow and an only child then-married to John Miller No administration was taken on the estate,- but Mrs.. Rhodes and John Miller paid all the debts and took the property of every kind into their possession, claiming and using it as their own; and in 1834 they sold the negro to John Craig, who lived in South…
1Opinion of the CourtRuffin, C. J.
Without having recourse to the presumption of a good title from a sale by the next of kin and upwards of twenty years’ possession by the plaintiff and those under whom he claims, since the death of the original owner, Rhodes, the Court is of opinion, that under the circumstances the plaintiff’s possession entitled him to hold the slave as against the defendant, who is a mere wrong-doer; and, therefore, that he may maintain this action of trover. It is distinguishable from the cases of White v. Ray, 4 Ire. 14, and Powell v. Powell, 11 Ire. 80; in the former of which the action was brought by…
2Cited by3 opinions
- Vinson v. Knight.Supreme Court of North Carolina · 1905
- Russell v. . HillSupreme Court of North Carolina · 1899
- Maxwell v. . HoustonSupreme Court of North Carolina · 1872