Alston v. . Foster
Supreme Court of North Carolina
From Franklin. From Use pleadings ii appeared, fasti o»e Benjamin Hill dies! its the year 1790, bavkg: giver* to his wife Mary Hill, m life estate in sand?; slaves, with a remainder to his ri.i’dms. That the executor of the husband assented ia the legacy to the wife, and put tbs slaves into her pot/vssio», and soon afterwards she Intermarried with the Befemlani’s intestate.
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From Franklin. From Use pleadings ii appeared, fasti o»e Benjamin Hill dies! its the year 1790, bavkg: giver* to his wife Mary Hill, m life estate in sand?; slaves, with a remainder to his ri.i’dms. That the executor of the husband assented ia the legacy to the wife, and put tbs slaves into her pot/vssio», and soon afterwards she Intermarried with the Befemlani’s intestate. Upon the death of the widow of fisc testator which happened is? iha year 2 817, the Plaintiffs who are those ia remainder, or their representative, by this bill sought a discovery of the names of the slaves and their…
1Opinion of the Court
Henderson, Chief-Justice.
— It is unnecessary to examine into the fraud charged upon Euckaby, in affecting the Sheriff’s sale, under which he claims a part of the property. For by it lie certainly acquired no title, be it ever so fair, as the executor of Hill had, before the issuing of the execution under which the sale was made, assented to the legacy to Mill’s widow for life, whom Euckaby afterwards married. The Sheriff therefore was not authorized to sell, the negroes not being the estate of Mill in the hands of the executor. The property therefore remains in the same situation as if there…
Also in this document: Per curiam.
2Cited by2 opinions
- Dunwoodie v. . CarringtonSupreme Court of North Carolina · 1816
- Hostler v. . SmithSuperior Court of North Carolina · 1804