Dawson v. . Alston

16 N.C. 396

• Court: Supreme Court of North Carolina
• Decided: June 5, 1830
• Status: Published

Opinion

Hall, Judge.

— -Wi'hoaf examining into Hie question which the demurrer p-vsed'-;, viz: whether the Plaintiffs are volunteers, and how far this Court will aid them by setting aside die division of the slaves,, according to ¡he praye'* of the bill, the case ¡noy, and 1 think ought, to he decided upon the circumstance* which preceded the execution of the deed, and those which were ciuempora-ncous with it.

Ilis Honor then recapitulated the testimony of the attesting witness. as above stated, and proceeded :

it is to carry into effect a deed of gift thus obtained, that the present bill is filed. It does not appear to me, that i!h? free assent of the grantor was given to the exe- cation of the deed. It ivas more the offspring of her-feelings, than of her understanding. The Plaintiff is at liberty to use it at law, if it will be of any avail to him there. But a Court of Equity cannot grant him any relief, without transcending those limits which for ages it has professed, to be governed by.

Per Curiam.

— Let the bill.be.dismissed with costs..