Barlow and Barlow. Ex'rs v. . Norfleet, Adm'r.
Supreme Court of North Carolina
Civil action to recover the value of a slave, named Barbara, tried before Moore, Jat the July Term, 1874, of the Superior Court of Edgecombe county. The following are the material facts presented by the record : The slave, Barbara, was sold in September, 1862, by David Barlow, the plaintiffs testator, to one William Norfleet, the intestate of the defendant.
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Civil action to recover the value of a slave, named Barbara, tried before Moore, Jat the July Term, 1874, of the Superior Court of Edgecombe county. The following are the material facts presented by the record : The slave, Barbara, was sold in September, 1862, by David Barlow, the plaintiffs testator, to one William Norfleet, the intestate of the defendant. Barbara had been bequeathed to said Barlow, the testator, by H. S. Lloyd, in trust for the use and benefit of Joseph W. Lloyd during his life, with remainder to his children, in case he should leave any surviving, and if not, then to the…
1Opinion of the CourtRodmaN, J.
1. "Was Joseph W. Loyd a competent witness to prove a conversation that took place between the testator of the plaintiff, and the intestate of the defendant? It is settled by the case Hallyburton v. Dobson, 65 N. C. Rep. 88, that he is not. The testator of the plaintiff was a trustee of the slave in question for the witness, for his life, and the plaintiff would be a trustee in like manner of the sum recovered. The proposed witness was substantially a plaintiff in the action.
2. Was the judgment of,the Probate Judge, passing on the accounts of the executors of Henry S. Loyd and allowing…
2Cases cited1 opinion
- Halyburton v. DobsonSupreme Court of North Carolina · 1871
3Cited by7 opinions
- White v. . ConnellySupreme Court of North Carolina · 1890
- Wilson v. . FeatherstonSupreme Court of North Carolina · 1898
- Jolly v. . BryanSupreme Court of North Carolina · 1882
- Brown v. . AdamsSupreme Court of North Carolina · 1917
- Chatham v. Mecklenburg Realty Co.Supreme Court of North Carolina · 1917
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