Peterson v. . Williamson
Supreme Court of North Carolina
V-From Caswell.. Detinue for a female slave, Hannah and her four children. The Defendant pleaded the General Issue, and on the trial before his Honor Judge Donneie, it appeared that in the year 1801, James Peterson, the father of the Plaintiff, made a parol gift of the slave Hannah to her — the slave being then only a few days old, and the Plaintiff a child aged fifteen years — that the father at the time of the gift, owned one other slave, the mother of Hannah; was then…
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V-From Caswell.. Detinue for a female slave, Hannah and her four children. The Defendant pleaded the General Issue, and on the trial before his Honor Judge Donneie, it appeared that in the year 1801, James Peterson, the father of the Plaintiff, made a parol gift of the slave Hannah to her — the slave being then only a few days old, and the Plaintiff a child aged fifteen years — that the father at the time of the gift, owned one other slave, the mother of Hannah; was then unembarrassed, and so continued until the year 1820 j since then lie had been gradually failing, and had become wholly…
1Opinion of the Court
Ruffin, Judge.
The propriety of the instructions depends altogether upon the correctness of the assumption, that the gift, being by parol, was void as against the creditors, who had executions. For nothing can be more certain, than that the statute of limitations cannot run, until the right hath accrued, or the action arisen. I do not speak of the gift being void, as being fraudulent within the statute of 13 Elia. It is indeed plaiuly so ; for it is past my conception, bow a father, although not indebted at the time nor for a long time after, can hoi iicstly give to an infant child, living…
2Cited by3 opinions
- Pearson v. . FisherSupreme Court of North Carolina · 1814
- Sherman v. . RussellSupreme Court of North Carolina · 1814
- West v. . DubberlySupreme Court of North Carolina · 1816