Tooley v. . Lucas
Supreme Court of North Carolina
Action of trover, tried before Person, Judge, at the last Pall Term of Hyde Superior Court. The plaintiff declared as the administrator of Elisha Tooley, also in the name of William B. Tooley, an infant, for the conversion' of a female slave named Jane. It was proved that for fifteen years, or thereabouts, the said girl had been the property of William B. Tooley, the elder, in his own right.
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Action of trover, tried before Person, Judge, at the last Pall Term of Hyde Superior Court. The plaintiff declared as the administrator of Elisha Tooley, also in the name of William B. Tooley, an infant, for the conversion' of a female slave named Jane. It was proved that for fifteen years, or thereabouts, the said girl had been the property of William B. Tooley, the elder, in his own right. In that'year, it was proved” by one Harris, that he (W. B. Tooley, sen’r.) executed a bill of sale to Nathaniel Creedle, conveying to him the slave in question, with others, for a valuable consideration,…
1Opinion of the CourtNash, C. J.
Tbe only question presented by this case is, as to tbe competency of tbe testimony offered by tbe plaintiff’, to prove tbe bill of sale from Tooley to Creedle. Tbe defend* ant objected to tbe evidence, upon the ground, that it did not appear that tbe deed ever bad been proved and recorded. To tbe legislative department of tbe government, belongs the power to enact laws, by which the people are to be governed, and to tbe judiciary, the right to expound them. While act* •ing within tbe scope. of their legitimate authority, their will is to be obeyed; none have a right to disobey it. Where tbe…
Also in this document: Per curiam.
2Cited by5 opinions
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- Scales v. . FewellSupreme Court of North Carolina · 1824