Black v. Beattie, 4 N.C. 96, 1 Car. L. Rep. 96 (1813)

Jan. 1813 · Supreme Court of North Carolina

4 N.C. 96, 1 Car. L. Rep. 96

Black v. Beattie.

MOTION to set aside a nonsuit, and for a new trial, under, the following circumstances. The plaintiff brought trover for a Negro, the title to which he founded on the following instrument of writing, executed by Elizabeth Black, then a widow and mother to the plaintiff. The paper was executed about an hour before her marriage with her second husband, Cox, by whom it was known and approved. The Negro came into Cox’s possession, who died some years after, before which, however, he was placed in the defendant’s possession,where he remained at the time of Cox’s death. Elizabeth took possession of the Negro when sent on an errand by the defendant, and delivered him to the plaintiff, from whom he was taken away by the defendant.

A copy of the paper writing as follows:

“Know all men by these presents, that I, Elizabeth Black, “of the county of Lincoln and State of North-Carolina, for “and in consideration of the sum of five shillings to me in “hand paid by Joseph Black, and also the further "consideration of the love and affection to my son, the said Joseph “Black, I do give, set over and deliver to the said Joseph “Black, my Negro slave named Merry, about 30 years of “age, five and and one half feet high, well made and set, “and very black; which said man slave I do give and "bestow unto the said Joseph Black, and warrant and defend “the property thereof on the following terms and conditions, “to wit: 1st. That although I do now, for the “consideration above mentioned, give and bestow, bargain and "deliver unto my son Joseph Black, my said Negro man slave “named Merry; yet he is not to take him out of my "possession or deprive me in any manner or sort of the use or “benefit of said Negro, until my death, or until I see proper “or fit to give him up or surrender him to the said Joseph. “2dly. That if the said Joseph should at any time get possession of the said Negro, either by my consent or "otherwise; that then and in that case, the use, benefit and labor of “the said Negro shall be due and owing to me, and to be “disposed of at my will and pleasure.

Henderson, J.

delivered the opinion of the Court:

A beneficial interest in the Negro in question, for the life of Elizabeth Black, is clearly reserved to her, in the deed making part of this case. This interest, by her intermarriage, became vested in Cox, her husband, as well as her right of assenting to the delivery to the defendant. As it does not appear that the wife is dead, the title which she had, still subsists in her husband’s representatives; of course the plaintiff had no title. The nonsuit must therefore remain.