Love v. . Blewit
Supreme Court of North Carolina
At the last term of the Court a cause was heard between the parties, in which the principal question involved was one of fact, viz. whether a certain female slave called Anaka, was born before or after the death of William Love; it being admitted, that if it was born before, the slave was the property of the plaintiff; if afterwards, that she belonged to the widow of the testátor, the mother of the plaintiff, in whose possession she remained up to the commencement of the…
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At the last term of the Court a cause was heard between the parties, in which the principal question involved was one of fact, viz. whether a certain female slave called Anaka, was born before or after the death of William Love; it being admitted, that if it was born before, the slave was the property of the plaintiff; if afterwards, that she belonged to the widow of the testátor, the mother of the plaintiff, in whose possession she remained up to the commencement of the suit. The final decree declared, that the slave was born after the death of William Love, and the bill was dismissed. At…
1Opinion of the Court
Gaston, Judge,
after stating the substance of the petition and affidavits as above set forth, proceeded as follows: — It is a question of no little difficulty, whether, on account of the peculiar constitution of this Court, any decree here rendered can be re-examined by bill of review, because of new matter or new evidence discovered since the rendition of the decree. This question is not intended now to be decided, and it is mentioned lest an inference should be hastily drawn, that the Court has either overlooked the difficulty or has overruled it. If a sufficient prima facie ground had been…
2Cited by2 opinions
- Aden v. . DoubSupreme Court of North Carolina · 1907
- Wilkie v. Raleigh & C. F. RailroadSupreme Court of North Carolina · 1900