Cox v. . Murphey

Supreme Court of North Carolina

Cox v. . Murphey

19 N.C. 257

DecidedJune 5, 1837

StatusPublished

This text of 19 N.C. 257 (Cox v. . Murphey) 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

Cox v. . Murphey, 19 N.C. 257 (N.C. 1837).

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Opinion

Gaston, Judge.

The decision of this case depends entirely on the question, whether the instrument executed by Abner Branson and Susan B. Cox, immediately before their marriage, transferred the property in the slaves therein mentioned, to the plaintiff, the trustee. The Court is of opinion, that in law, the instrument could not have this operation. The parties thereto must be intended, indeed, to have deliberately assented to all therein declared; but the question presents itself, what is thereby declared ? Abner Branson does not profess to sell or transfer the slaves to the trustee, but only to sell and assign the right, which by operation of law he may thereafter acquire in them. This was not the subject of sale or assignment. The instrument can be construed as executory only, and binding Branson, after marriage, to make the assurance or assurances necessáry to carry his covenant into effect.

Per Curiam. Judgment affirmed.

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Gaston, Judge.

The decision of this case depends entirely on the question, whether the instrument executed by Abner Branson and Susan B. Cox, immediately before their marriage, transferred the property in the slaves therein mentioned, to the plaintiff, the trustee. The Court is of opinion, that in law, the instrument could not have this operation. The parties thereto must be intended, indeed, to have deliberately assented to all therein declared; but the question presents itself, what is thereby declared ? Abner Branson does not profess to sell or transfer the slaves to the trustee, but only to sell and assign the right, which by operation of law he may thereafter acquire in them. This was not the subject of sale or assignment. The instrument can be construed as executory only, and binding Branson, after marriage, to make the assurance or assurances necessáry to carry his covenant into effect.

Per Curiam. Judgment affirmed.

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Bluebook (online)

19 N.C. 257, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cox-v-murphey-nc-1837.