Black v. Beattie

Decided January 15, 1813

Supreme Court of North Carolina · decided 1813-01-15

From Rutherford. Motion to set aside a nonsuit, and for a new trial, upon the following case. The Plaintiff brought an action of trover for a negro, the title of which lie founded on the following instrument of writing, executed by Elizabeth Black, then a widow and the mother of the Plaintiff. The paper was executed about an hour before her marriage with her second husband, Cox, by whom it was known and approved.

Decided 1813-01-15

HewdeksoN, Judge,

¶1delivered the opinion of the Court:

¶2A beneficial interest in the negro in question, for the life of Elizabeth Black, is clearly reserved to her, in the deed making. part of this case. This interest became vested in Cox, her husband, as well as her right of assenting to the delivery to the Defendant. As it does not appear that Elizabeth is dead, the title which she had, still subsists in her husband’s representatives; and of course the Plaintiff has no title. The nonsuit must therefore remain.