Newell v. . Taylor
Supreme Court of North Carolina
Appeal from an interlocutory order made by the Court of Equity of New-IIanover county, at the Spring Term, 1857, his Honor Judge PeksoN presiding.
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Appeal from an interlocutory order made by the Court of Equity of New-IIanover county, at the Spring Term, 1857, his Honor Judge PeksoN presiding. The bill, in this case, was filed by the plaintiffs, as legatees in remainder under the last will and testament of Theophilns Swinson, who died in the year 1835. By this will, a certain female slave named Satira, and her future increase, were bequeathed to Dempsey Taylor and his wife Sarah, for their joint lives, and after their deaths, to the plaintiffs. The bill alleged that the defendant Taylor had sold several of the slaves thus bequeathed, and…
1Opinion of the CourtBattue, J.
The case turns upon the effect which the act of 1823, 1 Rev. Stat. ch. 37, sec. 22, has upon the deed by which Theophilus Swinson, under whom the plaintiff claims, conveyed the slave Satira, to the defendant Dempsey Taylor and his wife, for’life. This deed bears date 14th of January, 1835, and it is admitted that unless the act above referred to gives it a different effect, it conveys an absolute interest in the said slaves, to Taylor and wife, notwithstanding the attempted restriction of the estate in her to them for life, and no longer. The words of the act are that “ every limitation, by…
2Cited by3 opinions
- Speight v. . SpeightSupreme Court of North Carolina · 1935
- Black v. . BeattieSupreme Court of North Carolina · 1813
- Foscue v. . FoscueSupreme Court of North Carolina · 1825