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16 N.C. 396

Dawson v. . Alston

Supreme Court of North Carolina

Decided June 5, 1830

Supreme Court of North Carolina · decided 1830-06-05

From Halifax. After the ¡demurrer to this bill had been overruled f ante p. 93) the Defendants filed their answers, in which they admitted that the commissioners were requested by them, in making a division, to allot to the Defendant, Sally, the negroes which had belonged to her before her marriage — and (hat out of twenty eight slaves, which were assigned her in the division, eight only had been the property of her deceased husband.

Decided 1830-06-05

Hall, Judge.

¶1 — -Wi'hoaf examining into Hie question which the demurrer p-vsed'-;, viz: whether the Plaintiffs are volunteers, and how far this Court will aid them by setting aside die division of the slaves,, according to ¡he praye'* of the bill, the case ¡noy, and 1 think ought, to he decided upon the circumstance* which preceded the execution of the deed, and those which were ciuempora-ncous with it.

¶2 Ilis Honor then recapitulated the testimony of the attesting witness. as above stated, and proceeded :

¶3 it is to carry into effect a deed of gift thus obtained, that the present bill is filed. It does not appear to me, that i!h? free assent of the grantor was given to the exe- *398 cation of the deed. It ivas more the offspring of her-feelings, than of her understanding. The Plaintiff is at liberty to use it at law, if it will be of any avail to him there. But a Court of Equity cannot grant him any relief, without transcending those limits which for ages it has professed, to be governed by.

Per Curiam.

¶4 — Let the bill.be.dismissed with costs..

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