Actions for North Carolina, Supreme Court, Raleigh : Armstrong v Simonton's Administrator, July 1818 [printed].

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North Carolina, Supreme Court, Raleigh : Armstrong v Simonton's Administrator, July 1818 [printed].

Published
Raleigh, North Carolina : North Carolina Supreme Court, 1818.
Physical Description
1 online resource
Additional Creators
Adam Matthew Digital (Firm)
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Summary
Simonton took away to Georgia one of the slaves of the plaintiff, his mother-in-law, but it was unclear whether the slave was given or merely lent. After this gift or loan the plaintiff married a Mr Armstrong, who subsequently died after having made no attempt to recover the slave. Margaret Armstrong then sued for detinue. The jury in the lower court had to determine the character of the transfer of the slave to Simonton; if the transfer had been a loan, its assumption was that the title now lay with the late Armstrong's executors and not with Mrs Armstrong. The verdict was for the defendant, but the case proceeded to the Supreme Court. This determined that under the circumstances of the willing transfer of the slave into Simonton's possession he became a trustee for Mrs Armstrong's husband when she married him, and therefore that Mr Armstrong's executors had the right to the property.
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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: 41989201