Harkey v. . Powell

8 N.C. 17

Opinion

But Ta yuor, Chief-Justice,

said that the slave mortgaged was delivered into the possession of the Defendant in March, 1789, when the deed was made. By the condition ' of the deed, the money became payable the 1st March, 1793; from which time to the filing of the bill is a period of twenty-two years and five months. Throughout this long possession, there is no act, no acknowledgment shewn on the part of the Defendant, by which the transaction was recognised as a mortgage. The right of redemption must, under these circumstances, be presumed to have been abandoned. The bill must be dismissed..

Hair, Judge, and Henderson, Judge, concurred»