State Ex Rel. Woods v. Fuller
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Caswell County, at the Fall Term, 1844, his Honor Judge Pearson presiding. This was an action of debt upon the administration bond of the defendant, as administrator of his father, Moses Fuller, deceased.
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Appeal from the Superior Court of Law of Caswell County, at the Fall Term, 1844, his Honor Judge Pearson presiding. This was an action of debt upon the administration bond of the defendant, as administrator of his father, Moses Fuller, deceased. The relators were some of the next of kin of the said Moses, and alleged, as a breach of the conditions of the said bond, that the defendant had not accounted to them for a negro woman, Judy and her children, part of the estate of the intestate. The defendant claimed the said negroes as his own property, by virtue of a sale and delivery to himself…
1Opinion of the CourtRuffin, C. J.
The instruction, as we think, is certainly erroneous in the point, that the defendant acquired no property in the slave by the sale, because there was no actual delivery. A delivery is essential to the parol gift of a chattel; but a sale is good without it at common law. «As soon as the bargain is struck, the property of the goods is transferred to the vendee, and that of the price to the vendor; but the ven-dee cannot take the goods, until he tenders the price. But if he tenders the money to the vendor and he refuses it, the ven-dee may seize the goods, or have an action against the vendor…
2Cited by3 opinions
- Knight v. . ThomasSuperior Court of North Carolina · 1796
- Cotten v. . PowellSupreme Court of North Carolina · 1816
- Rhodes v. . HolmesSupreme Court of North Carolina · 1822