Actions for North Carolina, Supreme Court, Raleigh : Freeman et al v Cook et al, December 1849 [printed].

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North Carolina, Supreme Court, Raleigh : Freeman et al v Cook et al, December 1849 [printed].

Published
Raleigh, North Carolina : North Carolina Supreme Court, 1849.
Physical Description
1 online resource
Additional Creators
Adam Matthew Digital (Firm)
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Summary
Before her marriage to William Freeman the property of Harriet Green, a minor, consisting of land, slaves, money and securities, was conveyed to the defendants in trust. The trust stipulated that Freeman was to enjoy the use and profits of the property during his life, with Harriet and any children of the couple holding it as tenants in common after his death. It was also a condition that if the trustees felt that any part of the property should be removed from the possession of Freeman then they were at liberty to remove it. The bill stated that at the marriage Harriet's property was conveyed by her guardian, William Harrison, directly to Freeman and that it had never been in the hands of the defendants, the trustees; that Freeman had wasted the property and been subjected to executions for debt, during which the slaves were sold and scattered, many out of the state; that the trustees were present at the sales and did nothing to stop them; and that they, the trustees, should be held accountable for their negligence and for the slaves' value. The defendant Cook contended in his answer that the property had been conveyed to Freeman by order of the county court of Wake and that he and his co-defendant had made known Harriet's rights to the buyers of the slaves. The Supreme Court ruled that the defendants had been negligent in making insufficient efforts to secure Harriet's property by undertaking the trust that had been placed in them. They were therefore ordered to recover the property conveyed away, if possible; and if this was not possible they were deemed liable to make up the value.
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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: 41989958