By
are of opinion that the action will lie in the name of the husband alone, and that the name of the Wife need not bo joined.
Sail — Judge—Contra.
Walker v. Mebane, 5 N.C. 41, 1 Mur. 41 (1805)
June 1805
·
Supreme Court of North Carolina
5 N.C. 41, 1 Mur. 41
Walker vs. Mebane and Rainey
from Hillsborough.
A. gave a ne gro slave to his niece B. and agreed to keep the slave at his own expense during liis life. Before A’s death* B. intermarried with C. wlio after A’s death bro’fc an action of' detinue fo& the slave in his own name. The possession of the slave having vested in B. by the gift, and A. having held her during his life for ,the use ofB. (lean maintain the action in hiá own níunée
This was an action of detinue for a negro gif] slave j and upon the trial it appeared that Wiliiaiii Mebane gave to his niece, Jennet Graham,, the negro slave in question when she was a small girl, and not wishing to sepe-rato her from her parents (ttiring his life, he agreed with bis niece to keep the negro girl at his own expense during his life. She remained with him accordingly. Before his death, his niece jennet Graham intermarried with the plaintiff, John Walker, who, after the death of William Mebane, brought this suit against the defendants Mebane ■ and Rainey, who as executors of said William Mebaiie’s will had taken the negro girl into their possession. A question arose upon the trial, and was sent to this court for the opinion of the Judges, « Whether the plaintiff could maintain this action in his own name, and whether it ought not to have been brought in the names of himself and his wife Jennet ?”