Harriss v. . Richardson
Supreme Court of North Carolina
Detinue for negro slave, Lydia, tried before Sea-"wei.Ii, Judge, at Pasquotank Fail term, 1833. It appeared on the trial, that the slave Lydia had been the property of the plaintiff, but had been sold by her guardian, by order of the County Court of Pasquotank, which court had jurisdiction of the ward, and by which the guardian had been appointed.
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Detinue for negro slave, Lydia, tried before Sea-"wei.Ii, Judge, at Pasquotank Fail term, 1833. It appeared on the trial, that the slave Lydia had been the property of the plaintiff, but had been sold by her guardian, by order of the County Court of Pasquotank, which court had jurisdiction of the ward, and by which the guardian had been appointed. This order ivas made on the petition of the guardian, setting forth that his ward had no other property than the mother of Lydia aml her three children, which were all expensive to her. Upon these facts appearing, the court instructed the jury, that…
1Opinion of the CourtGaston, Judge
It is conceded in the argument of the case, and is clearly established by authorities, that a guardian appointed by by the Court of Chancery, may, by the order of that court rightfully sell the personal property of his ward. The act of 1762, (c> 69,) after reciting “ that the greatest part of the estates in this province “belonging to orphans are of so inconsiderable value, “that an application to the Court of Chancery in many “ Instances will occasion an expense, which the profits of “ them are not sufficient to defray, and that it has been “found by experience, that the court of each…
2Cited by2 opinions
- Staton v. . WimberlySupreme Court of North Carolina · 1898
- Coxe v. . Charles Stores Co.Supreme Court of North Carolina · 1939