North Carolina, Supreme Court, Raleigh : Wade et al v Dick et al, December 1840, 2 [printed].
- Published
- Raleigh, North Carolina : North Carolina Supreme Court, 1840.
- Physical Description
- 1 online resource
- Additional Creators
- Adam Matthew Digital (Firm) and North Carolina. Division of Archives and History
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- Series
- Summary
- The bill charged that John Gwinn, the testator of the testators of the defendants, bought a group of slaves at an execution sale from the plaintiff Robert Wade. Gwinn's and Wade's wives were sisters, and as Wade had a large family and was insolvent, Gwinn agreed that the slaves might remain in Wade's possession as hires. In 1816 Gwinn died and by his will left the slaves in question to Robert Wade's children when the youngest of them, James, should reach the age of 21. These children were the plaintiffs in the present case. In 1819 Robert Wade died, and James Williamson, one of Gwinn's executors, to whom Wade was indebted, suggested that Wade had gained title to the slaves by his long possession of them. By a serious of legal manoeuvres, deemed fraudulent by the present plaintiffs, Williamson obtained a sheriff's sale of the slaves at which he bought several for sums alleged to be much below their value. In 1835 Williamson died, and the present defendants became his executors. The bill prayed for conveyance of the slaves and an account of their hire and profits, and stated that the plaintiffs had not previously mounted an action because James Wade had only recently turned 21. The executors of Williamson denied fraud on his part and averred that the plaintiffs could have brought their action earlier and were now barred from claiming by the statute of limitations. The Supreme Court determined that the slaves had been part of the estate of Robert Wade and the sales had been properly prompted by Williamson to pay off Wade's debts. Bill dismissed.
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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: 41989732