Note. — Vide Farrell v. Perry, and the note thereto, ante 2.
Parker v. Phillips, 2 N.C. 519, 1 Hayw. 519 (1796)
Oct. 1796
·
North Carolina Superior Court
2 N.C. 519, 1 Hayw. 519
HALIFAX,
OCTOBER TERM, 1796.
Parker and Wife v. Phillips.
Where a father, upon the marriage of his daughter, sends negroes or or other property with her in marriage, it is prima facie, a gift.
Trover for a negro, which the father of the Plaintiff’s wife (and also of Phillips, who claims under a subsequent gift,) sent with Iter on her marriage, to her husband’s house. About a year afterwards, in occasional conversation, he mentioned to his daughter, that he had not intended ever to take the negro away from her, when he sent her to her husband’s house. There was other cvi-deuce, hut upon this, Stone, Justice, ruled according to the former decisions in ¡he cases of Perry & Farrell, Garter & Rutland, and Whitmell v. Moore, decided at Eden-ton, prior to the two others — where a father, upon ¡he marriage of his daughter, sends negroes or other property wiih her upon her marriage, to her husband’s house, thrt it is a gift, unless the contrary he ¡troven : which in the present case not Staving been done, there was a verdict and judgment for the Plaintiff.