Stevens v. . Ely
Supreme Court of North Carolina
From Beaufort. The Plaintiff alleged, that his testatrix, intending to «mancípale her slaves, consisting' of a woman and Iter children, conveyed them to the Defendant, in considera-{.Son of £5, *’ i» trust, that the said Ely, his heirs, &c.
Read the full summary
From Beaufort. The Plaintiff alleged, that his testatrix, intending to «mancípale her slaves, consisting' of a woman and Iter children, conveyed them to the Defendant, in considera-{.Son of £5, *’ i» trust, that the said Ely, his heirs, &c. “ shall, from time to time, permit the said negroes and their increase, io live together, upon his, the said Ely’s “ land, and to be industriously employed, and continue (i to exercise a controlling power over their moral condi ti.m, and ¡o furnish said negroes with the necessaries* íS and comforts of life.” That by au endorsement on the deed, iti was…
1Opinion of the Court
The plaintiff averred that this deed was executed with an intent to procure the emancipation of the slaves, and that being against the policy of the law, a trust resulted for his testatrix. The bill prayed for a reconveyance of the slaves, and for an account of the profits received by the defendant.
The defendant in his answer denied that there was any trust between him and the plaintiff's testatrix to procure the emancipation of the slaves conveyed to him; or that he had agreed to hold them in any way but that mentioned in the deed, and insisted that the deed was executed by the testatrix…
2Cases cited2 opinions
- Haywood v. . CravenSupreme Court of North Carolina · 1816
- Huckaby v. . JonesSupreme Court of North Carolina · 1822