Burgin v. . Burgin
Supreme Court of North Carolina
This was an action of Trover, for the conversion of a negro boy, named Isaac; and upon the trial; at Burke, on the last circuit, before his honor Judge Haul, the case was as follows: Benjamin Burgin, the younger, by a deed duly executed, on the 4th of December; 1837,'conveyed to the plaintiff sundry articles of real and personal property, among which was a negro boy slave, named Isaac, to have and to hold unto the plaintiff, his heirs and assigns forever.
Read the full summary
This was an action of Trover, for the conversion of a negro boy, named Isaac; and upon the trial; at Burke, on the last circuit, before his honor Judge Haul, the case was as follows: Benjamin Burgin, the younger, by a deed duly executed, on the 4th of December; 1837,'conveyed to the plaintiff sundry articles of real and personal property, among which was a negro boy slave, named Isaac, to have and to hold unto the plaintiff, his heirs and assigns forever. The said deed was expressed to be made upon the condition, that if the bargain- or should pay to the plaintiff, on or before the 16th day…
1Opinion of the Court
Gaston, Judge,
having stated the case as above, proceeded as follows: By the operative words of the deed, the whole legal interest of the bargainor in the subject matter of the conveyance passed to the plaintiff, subject to a condition subsequent, upon the happening of which, that interest was to be divested. But, in the mean time, and unless that condition should be performed by the bargainor, the interest of the plaintiff was, in law, absolute. In the contemplation, however, of a Court of Equity, the conveyance was but a security for the payment of a debt, and the plaintiff a trustee,…
2Cited by3 opinions
- Rowland Hardware & Supply Co. v. LewisSupreme Court of North Carolina · 1917
- Moore v. . EdmistonSupreme Court of North Carolina · 1874
- Rowland Hardware & Supply Co. v. LewisSupreme Court of North Carolina · 1917