Let tlte rule be made absolute.
Reid v. Powell, 6 N.C. 53, 2 Mur. 53 (1811)
July 1811
·
Supreme Court of North Carolina
6 N.C. 53, 2 Mur. 53
James Reid v. Josiah Powell.
From Halifax.
In detinue for a slave, A. was offered by the Defendant as a witness, and being sworn on his voir dire, said, he as constable had sold the negro, under an execution at the instance of B, and at the sale also acted as B’s agent, and bid oft’ the negro, and-by the direction of B. executed a bill of sale, as constable, to C. the Defendant. A. is a competent, witness to prove these facts,to the Jury.
This was an action of detinue for a negro slave. On the trial, one Gregory being called as a witness for the Defendant, was sworn on his voir dire, and said that he as constable had sold the negro in question, under an execution at the instance of one Beil; that at the sale he also acted as agent for Bell, and bid oif the negro for Bell’s use, and afterwards, by the direction of Bell, he, as constable, made a bill of sale for the negro to the Defendant, who was not a bidder. The presiding Judge thought Gregory was not a competent witness ; he was set aside, and a verdict was rendered for the Plaintiff. A rule for a new trial was obtained and sent to this Court. And,