Davis v. . Boyd
Supreme Court of North Carolina
Action of detinue, tried before Saundees, J., at the last Spring'term of Granville Superior Court, for the-detention of six slaves. The defendant, on the day of February, 1848, married Susan, the daughter of the plaintiff, at her father’s residence, in the county of Mechlenberg, in the State of Virginia.
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Action of detinue, tried before Saundees, J., at the last Spring'term of Granville Superior Court, for the-detention of six slaves. The defendant, on the day of February, 1848, married Susan, the daughter of the plaintiff, at her father’s residence, in the county of Mechlenberg, in the State of Virginia. On the 23d of October, 1848, the following paper-writing was signed by the parties, respective, and left in the possession of the plaintiff, to wit: “I lend to my daughter, Susan S. Boyd, the following ne-groes, Minerva, Lavinia, Betty and child Dilcy, subject to my control during my…
1Opinion of the CourtEuRFirr, J.
Assuming that a parol gift of slaves may be made in Virginia, and that such a gift may be presumed there, when a parent, on the marriage of his daughter, delivered to her husband slaves, which he carries home and keeps, yet that presumption is conclusively rebutted in this case by the papers which the parties executed on the 23d of October, 1848, bv which it is declared that the defendant held the ne-groes as a bailee by loan. Indeed, the parties acted on that idea in all the subsequent transactions between them, and in no part of them more than in the execution of the instrument of the 14th…
2Cited by2 opinions
- Zollicoffer v. . ZollicofferSupreme Court of North Carolina · 1915
- Gross v. Smith.Supreme Court of North Carolina · 1903