Baldwin v. Maultsby
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Columbus county, at the Spring Term, 1845', his Honor Judge Pearson presiding. This was an action of trover for six slaves. The defendant admitted the conversion, and the only question was, whether Warren Baldwin, under whom both parties claimed, Lad duly executed a deed of gift to the plaintiff.
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Appeal from the Superior Court of Law of Columbus county, at the Spring Term, 1845', his Honor Judge Pearson presiding. This was an action of trover for six slaves. The defendant admitted the conversion, and the only question was, whether Warren Baldwin, under whom both parties claimed, Lad duly executed a deed of gift to the plaintiff. To prove the execution of the paper, the plaintiff called one Toon, who swore, that on the 21st of November, 1842, the day the paper be.ars date, at the house of the said Warren Baldwin, he was asked by Baldwin to become one of the subscribing witnesses to the…
1Opinion of the CourtDaNieu, J.
The only question in the cause was, whether Warren Baldwin, the owner of the slaves, ever delivered as his deed the paper writing, under which the plaintiff claimed them. It is admitted by the plaintiff’s counsel, that the signing and sealing of the paper writing would not make it the deed of Warren Baldwin, but that delivery was also necessary He contends, however, that what took place at the time the witnesses attested the paper, to wit, Baldwin’s signing, sealing, acknowledgment, and preservation of the paper, made it in law his deed and was tantamount to a delivery. The cases of Parkes v.…
2Cited by10 opinions
- Fortune v. . HuntSupreme Court of North Carolina · 1908
- Buchanan v. . ClarkSupreme Court of North Carolina · 1913
- Tarlton v. Griggs.Supreme Court of North Carolina · 1902
- Craddock v. BarnesSupreme Court of North Carolina · 1906
- Wetherington v. Williams.Supreme Court of North Carolina · 1904
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