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19 N.C. 63

Thompson v. . Todd

Supreme Court of North Carolina

Decided December 5, 1836

Supreme Court of North Carolina · decided 1836-12-05

This was an action of trover, for certain slaves, submitted to his Honor; Judge Saunders, at Onslow, on the last Spring Circuit, upon the following case agreed : Mabury Petteway, in the year 1823, made a parol gift of the slaves in controversy, to his daughter Matilda, the wife of the defendant, William Todd. The slaves were placed in the possession of Todd, who kept them for more than three years, and had, them in possession at the time of the donor’s death.

Decided 1836-12-05

Ruffin, Chief Justice.

¶1 The case of Bull’s Adm’r v. Brooks, 5 Murph. Rep. 133, fixed the construction of the act of 1806, (Rev. ch. 701,) so as to embrace cases of parol gifts to children, made subsequent to that act, as well as those made before. This was probably against the real intention at the time of passing the act; but it is too late now to revive the question.

¶2 Upon the case agreed by the parties, the defendant is *64 entitled to the slaves, as an advancement to his wife; and the judgment must be affirmed.

¶3 Pjjjj Cübxam. Judgment affirmed.

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