Hurdle v. . Elliott
Supreme Court of North Carolina
This was an action of Detinue, for two negro slaves by the names of Isaac and Esther, tried at Chowan, on the Fall circuit of 1839, before his honor Judge Nash.
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This was an action of Detinue, for two negro slaves by the names of Isaac and Esther, tried at Chowan, on the Fall circuit of 1839, before his honor Judge Nash. The plaintiffs claimed the slaves in question as executors of Harman Hurdle, under whom the defendant claimed; and, it appeared upon the trial, that the defendant, some years previous to the testator’s death, intermarried with his daughter, Elizabeth; that upon the said intermarriage, the testator delivered to the defendant and his wife a negro woman slave named Fanny; that the slaves, for the recovery of which this suit was brought,…
1Opinion of the Court
Ruffin, Chief Justice.
The defendant’s case requires him to establish two points. First, that the will contains no disposition of the negroes in dispute; for if it does,' then the assent of the executor is wanting. Second, that as there is no such disposition, the issue of Fanny does not vest in the executor virtule ojicii, but belongs to the defendant as an advancement under the act of 1806,1 Rev. Stat. ch. 37, sec. 17.
The last, as a general question, is an important one, and merits much consideratien. We do not, however, propose to discuss it, much less to decide it, in the present case, 'as…
2Cited by3 opinions
- Bullock v. . BullockSupreme Court of North Carolina · 1832
- Jones v. . JonesSupreme Court of North Carolina · 1801
- Stallings v. . StallingsSupreme Court of North Carolina · 1829