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20 N.C. 427

White v. White

Supreme Court of North Carolina

Decided December 15, 1839

Supreme Court of North Carolina · decided 1839-12-15

Detinue for two slaves, Lucy and Baceus, tried at Ire-dell, on the last circuit, before his honor Judge Dick. The plaintiff claimed the slaves in question under the will of his father, John White, deceased, who bequeathed the wo-1 man Lucy to his wife for life, and after her death to the plaintiff.

Cited by 1 later decisions — most recently November 1913

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1839-12-15

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Gaston, Judge.

¶1We assent entirely to the opinion expressed in the Court below. On common law principles we see no ground upon which the plaintiff can invalidate the sale made by himself and the tenant for life. It is not af-. fected by the act of 1784, 1 Rev. St. ch. 37, sec. 19, because under that act a parol conveyance of slaves is good between the parties thereto. If it were not, the act of 1792. 1 Rev. Stat. ch. 37, sec. 19, declares bona fide sales of slaves, accompanied by delivery, good without a bill of sale. The act of 1819, to avoid parol contracts for the sale of lands and slaves, did not go into operation until the 1st of January, 1821; and if it had been in operation before the sale in question, it would not have applied thereto; for executed contracts are not embraced within its purview. Choat v. Wright, 2 Dev. 289. Mushat v. Brevard, 4 Dev. 73.

¶2Per Curiam. Judgment affirmed.

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