Briley v. . Cherry
Supreme Court of North Carolina
From Pitt. Detinue for a slave, and on the trial the Defendant set up title in one Jackson, against whom lie produced a judgment rendered before a single Magistrate, with au execution thereon, and a bill of sale for the slave in rjuestion, made by the Constable to whom the execution was directed.
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From Pitt. Detinue for a slave, and on the trial the Defendant set up title in one Jackson, against whom lie produced a judgment rendered before a single Magistrate, with au execution thereon, and a bill of sale for the slave in rjuestion, made by the Constable to whom the execution was directed. The Plaintiff then produced the record of a recovery made by them as executors, in an action of detinue brought for the same slave against Jackson, under u horn the Defendant claimed, and proved that the sale to the Defendant was made during the pendency of that suit. His honor Judge Dahiei,…
1Opinion
I do not consider that the defendant is a privy under Jackson. He claims under a sale made by a constable. When the title was acquired by him under the execution there was no judgment against Jackson, and his purchase did not make the defendant a party to the suit depending against Jackson; he ought not therefore to be bound by its determination. It may be that the rights of creditors to the negro in question are superior to that of the plaintiff, although the plaintiff's title be better than that of Jackson.
Suppose the plaintiffs had a bill of sale from Jackson, but upon a consideration,…
2Cases cited5 opinions
- Dancy v. . DuncanSupreme Court of North Carolina · 1887
- Saunders v. . FerrillSupreme Court of North Carolina · 1840
- Cates v. . WhitfieldSupreme Court of North Carolina · 1860
- Den Ex Dem. Paul v. WardSupreme Court of North Carolina · 1833
- Vines v. . BrownriggSupreme Court of North Carolina · 1835