Actions for North Carolina, Supreme Court, Raleigh : Newsom v Roles, June 1840 [printed].

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North Carolina, Supreme Court, Raleigh : Newsom v Roles, June 1840 [printed].

Published
Raleigh, North Carolina : North Carolina Supreme Court, 1840.
Physical Description
1 online resource
Additional Creators
Adam Matthew Digital (Firm)
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Summary
Newsom, as a creditor of Roles, sued him to recover his debt, and levied an attachment on certain slaves of Roles's as payment. The slaves were in the possession of Samuel Harris, who maintained that they were his own and filed an interplea against Newsom. On this issue of ownership it was proved that the slaves had been sold to Harris by one John Terrell, whom Roles, absent on business, had appointed as his agent. Roles's instructions to Terrell had indicated that if he felt it necessary to sell the slaves in question, he should only do so after agreeing with the purchaser that Roles could buy them back on his return to North Carolina if he chose to and was able to. Terrell maintained that the agreement with Harris was intended by neither party to be a mortgage but was an ordinary sale, at which title to the slaves changed hands, but one which had a clause attached regarding repurchase. Newsom's counsel conceded that the agreement was not of the character of a mortgage but nevertheless insisted that title to the slaves had not passed to Harris and that Newsom could therefore recover them from Roles as payment of Roles's debts. The lower court found for Newsom in the matter of the interplea and Harris appealed. The Supreme Court found that title had passed to Harris in the sale and reversed this verdict.
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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: 41989442