Green, Ex'r v. . Green .
Supreme Court of North Carolina
This was a petition filed by the plaintiff as executor of his father, John Green, who died in the year 1863, in the Court of the Clerk of the Superior Court for the county of Chatham, for the purpose of obtaining an order to sell land to pay the debts of his testator. The defendant Winslow, who had purchased a tract of land belonging to the testator of one of his heirs, upon his application was made a party and objected to .the sale.
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This was a petition filed by the plaintiff as executor of his father, John Green, who died in the year 1863, in the Court of the Clerk of the Superior Court for the county of Chatham, for the purpose of obtaining an order to sell land to pay the debts of his testator. The defendant Winslow, who had purchased a tract of land belonging to the testator of one of his heirs, upon his application was made a party and objected to .the sale. The clerk decided that a sale was necessary, and made an order to that effect, from which the defendant Winslow appealed to the Judge of the Superior Court. In…
1Opinion of the Court
1. Exception of defendant Winslow: The only ground on which it can be contented that Robert N. Green (the plaintiff) should be charged with the value of Norwood or with half his value, is, that by purchasing from John the half given to him, and by subsequently keeping him in his own exclusive possession, he thereby took him out of the general mass of the property, and converted him to his own use. We do not think that what he did, amounted to such a conversion. The other slaves remained in the possession of the respective executors, to whom the testator had given them, until their…
2Cases cited1 opinion
- Fike v. . GreenSupreme Court of North Carolina · 1870
3Cited by1 opinion
- Holden v. . StricklandSupreme Court of North Carolina · 1895