Lamb v. Carroll

Decided December 15, 1845

Supreme Court of North Carolina · decided 1845-12-15

This was an appeal from an interlocutory order made in the catee by his Honor Judge Caldwell, at the Fall Term 1845 of Sampson Superior1 Court of Law, overruling certain exceptions, made by some of the plaintiffs, to the report of the Commissioner, appointed to- divide the negrops, which were the subject of the petition. John Lamb made partial advancements of Slaves to several of his children, and then died intestate, leaving other Slaves and other personal estate.

Decided 1845-12-15

Ruffin, C. J.

¶1Those parties, who except, would take a very different view of their equity, if the advancements to them had consisted of female slaves, and they had been at the expense of bringing up numerous families of children from them. There is, however, no doubt of the law upon the question. It has been long settled, King-*5v. Worsley, 2 Hay. 366; Stallings v. Stallings. 1 Dev. Eq. 298 ; and the correctness of the rule seems to us to be evident. His Honor was, therefore, right in overruling the exceptions, and decreeing according to the report ; and his decision is affirmed with costs.

¶2Per Curiam. Ordered to be certified accordingly.