Freeman v. . Lewis
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Franklin County, at the Fall Term, 1844, his Honor Judge Caldwell presiding. This was an action of detinue brought to recover the possession of five slaves.
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Appeal from the Superior Court of Law of Franklin County, at the Fall Term, 1844, his Honor Judge Caldwell presiding. This was an action of detinue brought to recover the possession of five slaves. The plaintiff, in support of his title, produced and duly proved a deed of mortgage for the said slaves (or their maternal ancestors,) from William Green, dated the 16th of August, 1820, and duly registered, by which the slaves were conveyed for the consideration of $784 46 cents, to the plaintiff, on condition, nevertheless, “ that if the said William Green should pay to the plaintiff the sum of…
1Opinion of the CourtNash, J.
The defendant claims the negroes in dispute by purchase from James Green. In order to make out his title, he offered James Green as a witness, having previously released him from all claim in consequence of the sale. The introduction of this witness was opposed upon the ground, that, although released, he was incompetent to prove a gift to himself. The objection was correctly overruled by the court. Upon his examination, Green proved that, prior to the year 1806, his father, William Green, from whom also the plaintiff claimed title, had given him a negro woman named Hannah, whom he had taken…
2Cases cited1 opinion
- Kilgore v. Graves' HeirsCourt of Appeals of Texas · 1884
3Cited by5 opinions
- McArter v. . RheaSupreme Court of North Carolina · 1898
- Moore v. . RaglandSupreme Court of North Carolina · 1876
- State Ex Rel. McLeod v. PearsonSupreme Court of North Carolina · 1935
- Goodman v. . ArmisteadSupreme Court of North Carolina · 1825
- McArter v. . RheaSupreme Court of North Carolina · 1898