Weaver v. . Cryer
Supreme Court of North Carolina
From Hertford. Troyer. tor catxXiE, in which the usual memoran-tlurn of “ not guilty,” was entered on the Clerk’s docket. Ou the trial before Martin Judge, on the last Circuit, it was proved by the Plaintiff; that the cattle in dispute were levied on as the property of Bridget Weaver, by the Defendant Moo%c, wSto was a Constable, and -bought by tfie Defendant Cryer, and that Bridget Weaver had before the levy, sold them to the Plaintiff.
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From Hertford. Troyer. tor catxXiE, in which the usual memoran-tlurn of “ not guilty,” was entered on the Clerk’s docket. Ou the trial before Martin Judge, on the last Circuit, it was proved by the Plaintiff; that the cattle in dispute were levied on as the property of Bridget Weaver, by the Defendant Moo%c, wSto was a Constable, and -bought by tfie Defendant Cryer, and that Bridget Weaver had before the levy, sold them to the Plaintiff. At the sale, a woman who lived with ¡he Plaintiff, claimed the cattle by a gift from Bridget Weaver ; the Plaintiff was present when this claim was made, and…
1Opinion
It may be collected from the record that this appeal was brought up to ascertain whether the opinion delivered by the judge was correct. The opinion affirms two propositions: the one is that a constable cannot justify under process when the judgment on which the execution issued is dormant. The other is that a marriage between a mulatto and a white woman may be proved by common reputation. This appears to be the controversy from the case made by the judge, though the record itself places the sale in 1820, three years before the judgment, and more than five before the execution. I conclude,…
2Cases cited10 opinions
- Den. Ex Dem. Skinner v. MooreSupreme Court of North Carolina · 1836
- Williams v. . WilliamsSupreme Court of North Carolina · 1881
- Walker v. . WalkerSupreme Court of North Carolina · 1909
- Ripley v. . ArledgeSupreme Court of North Carolina · 1886
- Rutherford v. . RaburnSupreme Court of North Carolina · 1849
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