Torrence v. . Graham
Supreme Court of North Carolina
This was an action of trover brought by the plaintiffs to recover the value of certain slaves alleged to belong to the estate of their testatrix, tried at Iredell on the Fall Circuit of 1834, before his Honor Judge Martin. The defendant set up a claim to the slaves in question, as the administrator of James MlKnight, whose title to them was as follows.
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This was an action of trover brought by the plaintiffs to recover the value of certain slaves alleged to belong to the estate of their testatrix, tried at Iredell on the Fall Circuit of 1834, before his Honor Judge Martin. The defendant set up a claim to the slaves in question, as the administrator of James MlKnight, whose title to them was as follows. James M‘Knight, in the year 1800 intermarried with Betsey Torrence, the daughter of the plaintiffs’ testatrix, and soon after, upon his leaving his mother-in-law’s house with his wife to settle to themselves, the old lady proposed to give him…
1Opinion of the Court
Gaston, Judge.
— As no specific instructions appear to have been asked by either party on the trial, the defendant is not entitled to a new trial, unless he can show that the jury was probably misled by the charge of the judge. Upon a fair construction of the charge, we think that it is not liable to this imputation. The main question in controversy was the intention with which Mrs. Torrence parted with, and Mrs. M'Knight took the possession of the slaves. It was then the settled law that if a parent put personal property, into the possession of his daughter soon after her marriage, it should…
2Cited by1 opinion
- Perry v. . FlemingSupreme Court of North Carolina · 1816