Allen v. . Peden

Supreme Court of North Carolina

Allen v. . Peden

4 N.C. 442

DecidedJuly 5, 1816

StatusPublished

This text of 4 N.C. 442 (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

Allen v. . Peden, 4 N.C. 442 (N.C. 1816).

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Opinion

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 announce it a nullity, and to give judgment for the plaintiff.

Cited: Robinson v. Barfield, 6 N.C. 423; Allen v. Allen, 44 N.C. 62;Bryan v. Wadsworth, 18 N.C. 389; Hoke v. Henderson, 15 N.C. 16, 17;Wilson v. Jordan, 124 N.C. 715; R. R. v. Cherokee, 177 N.C. 97. *Page 334

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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 announce it a nullity, and to give judgment for the plaintiff.

Cited: Robinson v. Barfield, 6 N.C. 423; Allen v. Allen, 44 N.C. 62;Bryan v. Wadsworth, 18 N.C. 389; Hoke v. Henderson, 15 N.C. 16, 17;Wilson v. Jordan, 124 N.C. 715; R. R. v. Cherokee, 177 N.C. 97. *Page 334

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Bluebook (online)

4 N.C. 442, Counsel Stack Legal Research, https://law.counselstack.com/opinion/allen-v-peden-nc-1816.

Opinion

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