Actions for North Carolina, Supreme Court, Raleigh : Smith (by her next friend) v Bank of Wadesborough and Smith, December 1858

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North Carolina, Supreme Court, Raleigh : Smith (by her next friend) v Bank of Wadesborough and Smith, December 1858

Published
Raleigh, North Carolina : North Carolina Supreme Court, 1858.
Physical Description
1 online resource
Additional Creators
Adam Matthew Digital (Firm)
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Summary
The will of Jonathan Hailey left four slaves, Lydia, Jim, Reuben and Hannah, to his daughter Hannah, the wife of Franklin C Smith. Jim, about 17 years of age, was roguish and unmanageable and it was decided to dispose of him in exchange for a female slave who could serve in the house. Franklin C Smith took Jim to Richmond, Virginia, to sell him and came back with Harriet, a 13 year old female slave. He claimed to have received [dollars] 125 as well as the slave girl in the exchange. Hannah Smith agreed that her husband should keep the money in exchange for his trouble and expense in making the transaction and that she would take the slave girl as her property. In August 1858, the sheriff of Richmond county seized Harriet, on a judgment for the Bank of Wadesborough against Franklin C Smith and others, and advertised the slave for sale as the property of Franklin C Smith. This caused Hannah to file this bill (with the assistance of her father's executor) and she successfully obtained an injunction to stop the sale. The Bank alleged that Jim had been taken against the assent of the executor, Mark Hailey, and that Franklin C Smith had borrowed over [dollars] 1,200 at the time of his trip to Richmond, Virginia and had used this money to acquire Harriet and another slave in his own name. The Bank filed a motion to dissolve the injunction. This was motion was not granted and the Bank appealed to the Supreme Court. It decided that the injunction should be continued until the further hearing in the Court of Equity. Although the husband was needy and in failing circumstances his actions were not incompatible with the facts as set out in the plaintiff's bill.
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Reproduction Note
Electronic reproduction. Marlborough, Wiltshire : Adam Matthew Digital, 2007. Digitized from a copy held by the North Carolina State Archives.
Location of Originals
North Carolina State Archives
Copyright Note
Material sourced from the North Carolina State Archives
View MARC record | catkey: 41989024