Barrow v. . Pender
Supreme Court of North Carolina
1 From Halifax. This was an action of detinue for negro slaves 5 and the leading facts of the case were as follows: The Defendant had a daughter, who married one Williamson. He was a man of bad character, and insolvent j and having gone to Tarborough to follow his trade, his wife went to live with him at that place in the year 1805, taking with her a negro slave belonging to her father.
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1 From Halifax. This was an action of detinue for negro slaves 5 and the leading facts of the case were as follows: The Defendant had a daughter, who married one Williamson. He was a man of bad character, and insolvent j and having gone to Tarborough to follow his trade, his wife went to live with him at that place in the year 1805, taking with her a negro slave belonging to her father. Williamson remained in possession of the negro till some time in 1807, when he and his wife left Tarborough, and went to reside near the Defendant j when the Defendant purchased a tract of land to settle them…
1Opinion of the Court
Taylor, Chief-Justice,
delivered the opinion of the Court:
From the circumstances of this case, the Plaintiff can make out a right to the slaves in dispute, only by establishing such a transfer from Pender to his daughter as would he valid since the act of 1806. Unquestionably it cannot prevail as a gift, because it was not in writing, as .that act requires. It is alleged, however, by the Plaintiff, that Pender passed the slave to his daughter as a compensation for a tract of land sold by him, on which she lived, and which land had been purchased with a slave that he had formerly given to her,…
2Cited by1 opinion
- Cotten v. . PowellSupreme Court of North Carolina · 1816