Administrator of Allen v. Peden

Supreme Court of North Carolina

Administrator of Allen v. Peden

2 N.C. 638

DecidedJuly 15, 1816

StatusPublished

This text of 2 N.C. 638 (Administrator of Allen v. Peden) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Administrator of Allen v. Peden, 2 N.C. 638 (N.C. 1816).

Pincite

Opinion

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.

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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.

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Bluebook (online)

2 N.C. 638, Counsel Stack Legal Research, https://law.counselstack.com/opinion/administrator-of-allen-v-peden-nc-1816.