McLeod v. . Oates
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Moore County, at the Spring Term, 1848, his Honor Judge Bailey presiding. This is an action of replevin for a slave named Ephraim.
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Appeal from the Superior Court of Law of Moore County, at the Spring Term, 1848, his Honor Judge Bailey presiding. This is an action of replevin for a slave named Ephraim. The defendant entered into bond according to the statute, with condition to perform the final judgment, and pleaded non cepit, and also avowed the taking under a, fieri facias, isued by a Justice of the Peace on a judgment obtained by J. B. K. against Neil McLeod for $51 with interest &c. which was delivered to the defendant, he being a Constable &c. and that by virtue thereof the defendant on &c. seized the slave as the…
1Opinion of the CourtRuffin, C. J.
Upon the question of fraud we think it only necessary to remark, that it seems singular, that it should have been left to the jury, without laying the proper stress on the long continued possession of the father after making the deed, as a circumstance tending to show that the conveyance was upon a secret trust for the father, and especially as being deceptive to creditors by keeping up a false credit for the father. But although the possession is not further adverted to as an element of fraud, avoiding the plaintiff’s title, yet it is material, perhaps, on the other point, made at the trial,…
2Cases cited4 opinions
- Thompson v. ButtonNew York Supreme Court · 1817
- Ilsley v. StubbsMassachusetts Supreme Judicial Court · 1809
- Clark v. SkinnerNew York Supreme Court · 1823
- Dunham v. WyckoffNew York Supreme Court · 1829
3Cited by3 opinions
- Mitchell v. . SimsSupreme Court of North Carolina · 1899
- Cummings v. . MacGillSupreme Court of North Carolina · 1817
- Carroll v. . HusseySupreme Court of North Carolina · 1848