Harkey v. . Powell

Supreme Court of North Carolina

Harkey v. . Powell

8 N.C. 17

DecidedJune 5, 1820

StatusPublished

This text of 8 N.C. 17 (Harkey v. . Powell) 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

Harkey v. . Powell, 8 N.C. 17 (N.C. 1820).

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Opinion

*20 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»

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*20 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»

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Bluebook (online)

8 N.C. 17, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harkey-v-powell-nc-1820.