M'cree v. . Houston
Supreme Court of North Carolina
} From Mecklenburg. This was an action of detinue for sundry negro slaves, Maria and her children ; and the case was, that William 41exander, sen. was the owner of (he negro slave Maria, and upon the marriage of his daughter Mary with William M’Cree, father of the Plaintiff, in the year 1789, he made a parol gift of Maria to his son in law, who kept her in possession until the year 1796; when, being about to remove to the state of Tennessee, be made a parol gift of Maria to…
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} From Mecklenburg. This was an action of detinue for sundry negro slaves, Maria and her children ; and the case was, that William 41exander, sen. was the owner of (he negro slave Maria, and upon the marriage of his daughter Mary with William M’Cree, father of the Plaintiff, in the year 1789, he made a parol gift of Maria to his son in law, who kept her in possession until the year 1796; when, being about to remove to the state of Tennessee, be made a parol gift of Maria to his son Richard M’Cree, the Plaintiff, then an infant about three or four years old ; and left the Plaintiff and the…
1Opinion of the Court
Hall, Judge.
There can be no doubt but that the Plaintiff would be entitled to recover on Common Law principles. The slave Maria was given by Alexander to his son in law, M’Cree, who had notorious possession of her for six or seven years. He then gave her to the Plaintiff, his son, who was an infant, and remained with Alexander, his grandfather, after his father’s removal. Some time afterwards, Alexander sold the slave to the Defendant. It is not pretended that these gifts were not bona jide made: and, therefore, whether if the first gift had been made in secret, and the father in law had…
2Cited by6 opinions
- Knight v. . ThomasSuperior Court of North Carolina · 1796
- Sherman v. . RussellSupreme Court of North Carolina · 1814
- AnonymousSuperior Court of North Carolina · 1799
- Gordon v. . BrownSupreme Court of North Carolina · 1846
- Hancock v. . HoveySuperior Court of North Carolina · 1799
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