Stallings v. . Stallings
Supreme Court of North Carolina
From Johnston. This was a petition for an account of the personal estate, ami a division of the negroes of one Zadock Stal-lings, who had died intestate.
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From Johnston. This was a petition for an account of the personal estate, ami a division of the negroes of one Zadock Stal-lings, who had died intestate. A division of the latter had been made, under an order of the County Court, upoti the principles .mentioned in a case agreed, which was submitted to his Honor Judge Strange, on the last Spring Circuit, and which was as follows : “The intestate Zadock Stallings, in his lifetime, put into possession of several of his children, the negroes mentioned in the schedules filed by them, and which have been taken into the account in the division of…
1Opinion
Two questions are made in this case: First, is the second proviso to the third section of the act of 1806 prospective, or is it confined to gifts theretofore made? If it is prospective, at what time shall the slaves be valued? At the time they were put into the possession of the child, or at the time of the parent's death? The first question was decided in the affirmative by this Court in Davis v. Brooks, 7 N.C. 133. The last question has not heretofore arisen. Were we disposed to reexamine the first question, we see no reason to doubt the correctness of the decision in Davis v. Brooks. The…
2Cases cited12 opinions
- Richmond v. . VanhookSupreme Court of North Carolina · 1845
- Hicks v. . ForrestSupreme Court of North Carolina · 1850
- Hurdle v. . ElliottSupreme Court of North Carolina · 1840
- Meadows v. . MeadowsSupreme Court of North Carolina · 1850
- State v. . LedfordSupreme Court of North Carolina · 1845
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