Logan v. . Simmons
Supreme Court of North Carolina
Detinue for several slaves. Plea non-detinet, and on the issue made thereon, the cause was tried before Martin, Judge, at Rutherford on the last Circuit. The plaintiff made title under his late wife, Phebe Simmons, and having proved her possession before their intermarriage, and his own after that event for more than three years, rested his case.
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Detinue for several slaves. Plea non-detinet, and on the issue made thereon, the cause was tried before Martin, Judge, at Rutherford on the last Circuit. The plaintiff made title under his late wife, Phebe Simmons, and having proved her possession before their intermarriage, and his own after that event for more than three years, rested his case. The defendant put in and proved a deed executed by Phebe Simmons, the late wife of the plaintiff, whereby, the day before her marriage, she conveyed the slaves in dispute to him, the defendant, he being her son by a former marriage; and to repel the…
1Opinion of the Court
Ruffin, Chief Justice.
— It seems to this court that the question made, cannot arise in a Court of law. It is deemed therefore unnecessary to advert either to the facts tending to establish the covenous interest alleged by the plaintiff, or to the principles laid down by his honour for the government of the jury in reference to that question.
The cases upon this subject have all been in the Court of Chancery, and the elementary books treat this as a doctrine and head of equity. There is no judgment at law in favour of the husband, and we think cannot be. The action could only be supported by…
2Cited by9 opinions
- Furst v. . MerrittSupreme Court of North Carolina · 1925
- Furst & Thomas v. MerrittSupreme Court of North Carolina · 1925
- Hobbs v. CashwellSupreme Court of North Carolina · 1910
- Hobbs v. . CashwellSupreme Court of North Carolina · 1910
- Perry v. . FlemingSupreme Court of North Carolina · 1816
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