Clary's Administrators v. Clary
Supreme Court of North Carolina
This was an action of Detinue to.recover several negroes, tried before his Honor Judge Bailey, at the Fall Term, 1841, of Rowan Superior Court of Law, when judgment was rendered for the defendant. On the trial the plaintiffs proved that the slaves in controversy did belong to their intestate, Mary Clary, and that the defendant was in possession and detained them.
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This was an action of Detinue to.recover several negroes, tried before his Honor Judge Bailey, at the Fall Term, 1841, of Rowan Superior Court of Law, when judgment was rendered for the defendant. On the trial the plaintiffs proved that the slaves in controversy did belong to their intestate, Mary Clary, and that the defendant was in possession and detained them. The defendant offered in evidence a paper writing, purporting to be a deed of Mary Clary, giving the negroes to him in trust for himself, his sisters Nancy and Margaret, and a grand-son of the said Mary Clary. The plaintiff insisted…
1Opinion of the CourtGaston, J.
The first opinion, in the Court below, to which exception has been taken, is the rejection as evidence of the last clause of the deposition of John Beard, wherein the deponent stated “ that he was impressed with the belief that, as to her mental faculties, Mary Clary was in the state called childish.” To understand the import of this fact of the deposition, it must be taken in connection with what precedes it. The substance of the entire deposition is, that the witness had no acquaintance with Mary Clary, other than such as resulted from one occurrence; that about the year 1826, eleven years…
2Cited by64 opinions
- White Ex Rel. White v. HinesSupreme Court of North Carolina · 1921
- State v. HammondsSupreme Court of North Carolina · 1976
- Hodges v. WilsonSupreme Court of North Carolina · 1914
- In Re HintonSupreme Court of North Carolina · 1920
- In Re Will of HallSupreme Court of North Carolina · 1960
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