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Nance V Harris


Nance V Harris
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Nance V Harris


Nance V Harris
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Author :
language : en
Publisher:
Release Date : 1971

Nance V Harris written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1971 with categories.




North Carolina Supreme Court Raleigh


North Carolina Supreme Court Raleigh
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Author :
language : en
Publisher:
Release Date : 1842

North Carolina Supreme Court Raleigh written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1842 with categories.


Detinue for the return of the slave Matilda and her children. The plaintiff Green's witnesses stated that from 1798 to just before the case came to court in 1840 Green was in possession of the slaves in question. The main witness for the defence was Howell Harris, who deposed that 1795 or 1796 Green had married Nancy Harris, daughter of his father Joshua Harris, and that Joshua Harris had sent Matilda to the Greens' home with instructions to nurse for Nancy. Matilda then remained with the Greens. Howell Harris and various other witnesses deposed that Robert Green had been heard to say on several occasions that he did not have title in the slaves himself but held them in right of his wife Nancy, but that he, Green, believed he ought to get some of Matilda's children after bringing them up. The defendant also produced Joshua Harris's will, which gave Matilda and her children to Nancy Green's children, Joshua's grandchildren. For the plaintiff, witnesses stated that Joshua Green had given Matilda to Robert and Nancy Green and that Green had always maintained they were his to do with as he pleased, including in conversation with Joshua Harris himself. Regardless, Green maintained that, having enjoyed possession of Matilda for more than forty years, claims against him were barred by the statue of limitations. The judge told the jury that if they found that Joshua Harris had put the slaves in his daughter and son-in-law's possession on their marriage in the 1790s (before a certain act of 1806) then the law regarded it as a gift, unless it could be proved otherwise. If they did find that it was a loan, they should enquire into the circumstances under which Green had declared to Harris that the slaves were his own and under which Harris had apparently done nothing in reaction to this statement for three years, which itself should give Green title. The jury found for Green and Harris appealed. For the Supreme Court, Chief Justice Ruffin ruled that though it was true that after Green's declaration to him Harris had taken no action to suggest that he wanted at that time to deprive Green of possession, yet no length of possession by a bailee (in this case, Green) could as such bar the right of the bailor (Harris and his lawful heirs) to possession. However, the statements of Green's witnesses constituted strong evidence for a gift, as Harris never averred that the slaves were not Green's. Ruffin directed that a jury should consider the case again, taking proper account of Green's more than forty years' possession of the slaves as evidence pointing to a gift. New trial.



North Carolina Supreme Court Raleigh


North Carolina Supreme Court Raleigh
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Author :
language : en
Publisher:
Release Date : 1842

North Carolina Supreme Court Raleigh written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1842 with categories.


Detinue for the return of the slave Matilda and her children. The plaintiff Green's witnesses stated that from 1798 to just before the case came to court in 1840 Green was in possession of the slaves in question. The main witness for the defence was Howell Harris, who deposed that 1795 or 1796 Green had married Nancy Harris, daughter of his father Joshua Harris, and that Joshua Harris had sent Matilda to the Greens' home with instructions to nurse for Nancy. Matilda then remained with the Greens. Howell Harris and various other witnesses deposed that Robert Green had been heard to say on several occasions that he did not have title in the slaves himself but held them in right of his wife Nancy, but that he, Green, believed he ought to get some of Matilda's children after bringing them up. The defendant also produced Joshua Harris's will, which gave Matilda and her children to Nancy Green's children, Joshua's grandchildren. For the plaintiff, witnesses stated that Joshua Green had given Matilda to Robert and Nancy Green and that Green had always maintained they were his to do with as he pleased, including in conversation with Joshua Harris himself. Regardless, Green maintained that, having enjoyed possession of Matilda for more than forty years, claims against him were barred by the statue of limitations. The judge told the jury that if they found that Joshua Harris had put the slaves in his daughter and son-in-law's possession on their marriage in the 1790s (before a certain act of 1806) then the law regarded it as a gift, unless it could be proved otherwise. If they did find that it was a loan, they should enquire into the circumstances under which Green had declared to Harris that the slaves were his own and under which Harris had apparently done nothing in reaction to this statement for three years, which itself should give Green title. The jury found for Green and Harris appealed. For the Supreme Court, Chief Justice Ruffin ruled that though it was true that after Green's declaration to him Harris had taken no action to suggest that he wanted at that time to deprive Green of possession, yet no length of possession by a bailee (in this case, Green) could as such bar the right of the bailor (Harris and his lawful heirs) to possession. However, the statements of Green's witnesses constituted strong evidence for a gift, as Harris never averred that the slaves were not Green's. Ruffin directed that a jury should consider the case again, taking proper account of Green's more than forty years' possession of the slaves as evidence pointing to a gift. New trial.



Cases Determined In The Supreme Court Of The State Of Oklahoma


Cases Determined In The Supreme Court Of The State Of Oklahoma
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Author : Oklahoma. Supreme Court
language : en
Publisher:
Release Date : 1927

Cases Determined In The Supreme Court Of The State Of Oklahoma written by Oklahoma. Supreme Court and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1927 with Law reports, digests, etc categories.




Reports Of Cases Argued And Determined In The Supreme Court Of Alabama


Reports Of Cases Argued And Determined In The Supreme Court Of Alabama
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Author : Alabama. Supreme Court
language : en
Publisher:
Release Date : 1895

Reports Of Cases Argued And Determined In The Supreme Court Of Alabama written by Alabama. Supreme Court and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1895 with Laws reports, digests, etc categories.




Official Reports Of The Supreme Court


Official Reports Of The Supreme Court
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Author : United States. Supreme Court
language : en
Publisher:
Release Date : 2015

Official Reports Of The Supreme Court written by United States. Supreme Court and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Constitutional law categories.




Reports Of Cases At Law And In Equity Argued And Determined In The Supreme Court Of Alabama


Reports Of Cases At Law And In Equity Argued And Determined In The Supreme Court Of Alabama
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Author : Alabama. Supreme Court
language : en
Publisher:
Release Date : 1857

Reports Of Cases At Law And In Equity Argued And Determined In The Supreme Court Of Alabama written by Alabama. Supreme Court and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1857 with Equity categories.




United States Reports


United States Reports
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Author : United States. Supreme Court
language : en
Publisher:
Release Date : 2012

United States Reports written by United States. Supreme Court and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Law reports, digests, etc categories.




I 10 91st Ave To Junction I 10 Phoenix


I 10 91st Ave To Junction I 10 Phoenix
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Author :
language : en
Publisher:
Release Date : 1978

I 10 91st Ave To Junction I 10 Phoenix written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1978 with categories.




Reports Of Cases Argued And Determined In The Supreme Court Of Alabama During The


Reports Of Cases Argued And Determined In The Supreme Court Of Alabama During The
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Author : Alabama. Supreme Court
language : en
Publisher:
Release Date : 1920

Reports Of Cases Argued And Determined In The Supreme Court Of Alabama During The written by Alabama. Supreme Court and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1920 with Law reports, digests, etc categories.