Administrator of Allen v. Peden, 5 N.C. 638, 2 Car. L. Rep. 638 (1816)

July 1816 · Supreme Court of North Carolina

5 N.C. 638, 2 Car. L. Rep. 638

Administrator of Allen v. Peden.

Detinue for two mulatto children born of a negro woman slave, and reputed to be the children of Allen, who in his lifetime conveyed some property to each of them, and on the back of the deed, expressed a desire that they should be emancipated. After the death of Allen, administration with the will annexed was granted to the plaintiff, and the Legislature, without his consent, passed an act emancipating the children sued for.

Cameron, J.

delivered the opinion of the Court:

The administrator in this case, was, in law the owner of the persons emancipated by the General Assembly. The act of emancipation passed not only without his consent, but against it. However laudable the motives which led to the act of emancipation, it is too plainly in violation of the fundamental law of the land, to be sanctioned by judicial authority.

We are compelled to pronounce it a nullity, and to give Judgment for the plaintiff.