Adams v. . Hayes
Supreme Court of North Carolina
Appeal from the Superior Court of Lincoln county, at Spring Term, 1842, bis Honor Judge Pearson presiding. The action was of Trover for five negro slaves, which the plaintiff claimed under a parol gift by the defendant in the State of South Carolina. The law of South Carolina on the subject of parol gifts of slaves was proved by the depositions of professional men in that State to be the same as the common law, in relation to parol gifts of other personal chattels.
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Appeal from the Superior Court of Lincoln county, at Spring Term, 1842, bis Honor Judge Pearson presiding. The action was of Trover for five negro slaves, which the plaintiff claimed under a parol gift by the defendant in the State of South Carolina. The law of South Carolina on the subject of parol gifts of slaves was proved by the depositions of professional men in that State to be the same as the common law, in relation to parol gifts of other personal chattels. It was proved that the plaintiff, residing in South Carolina, married in North Carolina the daughter of thede-fendant, who…
1Opinion of the CourtGaston, J.
The two first exceptions, taken by the defendant in this cause, appear to us clearly untenable, and have, indeed, been virtually abandoned by his counsel. But the third exception deserves a particular examination.
The presiding Judge upon the trial directed the attention of the jury to the enquiry, whether the evidence established the fact of a parol gift of the slaves in dispute, made in the State of South Carolina; and, upon that enquiry, he especially instructed them to ascertain, whether in the conversation between the defendant and the plaintiff in South Carolina, as set forth in the…
2Cited by14 opinions
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- Thomas v. . HoustonSupreme Court of North Carolina · 1921
- Wilson v. . FeatherstonSupreme Court of North Carolina · 1898
- Parker v. . MottSupreme Court of North Carolina · 1921
- Cartwright v. . CoppersmithSupreme Court of North Carolina · 1943
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