Moore v. Collins
Supreme Court of North Carolina
This was an action of Trover for a number of slaves, tried before Norwood, Judge, at Chowan, on the last spring circuit, and on not guilty pleaded, the case was, that the plaintiff claimed title under James R. Greecy, by a deed dated the 15th of September, 1829, ,between the plaintiff, Greecy, and. several of his creditors, whereby, after reciting sundry debts of Creecy, all his property was assigned to the plaintiff upon the following trusts : (t That the said Augustus…
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This was an action of Trover for a number of slaves, tried before Norwood, Judge, at Chowan, on the last spring circuit, and on not guilty pleaded, the case was, that the plaintiff claimed title under James R. Greecy, by a deed dated the 15th of September, 1829, ,between the plaintiff, Greecy, and. several of his creditors, whereby, after reciting sundry debts of Creecy, all his property was assigned to the plaintiff upon the following trusts : (t That the said Augustus Moore, shall, as soon as may “ be convenient, or lie be requested by the persons inter- “ ested in the trust hereby created,…
1Opinion of the Court
Hail, Judge.
It appears from the evidence offered in this case, that at the time the subscribing witness attested the deed of trust, Greecij who executed it, and JVbjTom, one of the creditors in whose favor the deed was-given, were present. The deed must havebeen delivered to Norcom, or retained by Greecij. If it was retained by Creecy, until it was offered for probate, it was not. executed by him until that time. Therefore it cannot prevail against Collins. But if it was delivered to Mor.com, it must be understood, that he received it as the agent of Moore. And if Moore has assented to such…
2Cited by1 opinion
- Moore v. . CollinsSupreme Court of North Carolina · 1834