Pitt v. . Petway
Supreme Court of North Carolina
- Appeal from the Superior Court of Law of Edgecombe County, at the Spring' Term, 1851, his Honor Judge Ellis presiding. This was an action of trover for the conversion of a slave, named Barton. The plaintiffs proved, that the slave in question, had been the property of one Robert Belcher, who, by deed in trust, dated 1st of June, 1849, conveyed him, with other slaves, for the payment of debts to the defendant, Petway.
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- Appeal from the Superior Court of Law of Edgecombe County, at the Spring' Term, 1851, his Honor Judge Ellis presiding. This was an action of trover for the conversion of a slave, named Barton. The plaintiffs proved, that the slave in question, had been the property of one Robert Belcher, who, by deed in trust, dated 1st of June, 1849, conveyed him, with other slaves, for the payment of debts to the defendant, Petway. In December of the same year, the defendant exposed this and the other slaves, thus conveyed, to sale at public auction upon a credit of four months, the purchaser giving bond…
1Opinion of the CourtPearson, J.
The case turns upon the legal effect of the sale and delivery to Lewis Belcher. It must have operated in one of three ways. The slaves were simply “ bid in” by Lewis Belcher, acting for the trustee, so that there was no-sale and they continued a part of the original trust fund; or they were purchased by him for himself and as agent of the defendant and Sugg, so as to vest the title in the'three, as tenants in common ; or they were purchased by him to be held in trust for himself and the defendant and Sugg, the legal title being in himself alone.
The proof was, the slave in controversy and…
2Cited by4 opinions
- Doyle v. . BushSupreme Court of North Carolina · 1915
- Waller v. . BowlingSupreme Court of North Carolina · 1891
- Luigi v. LuchesiNevada Supreme Court · 1877
- Powell v. MaloneDistrict Court, M.D. North Carolina · 1938