Southerland v. . Webb

15 N.C. 245

• Court: Supreme Court of North Carolina
• Decided: December 5, 1833
• Status: Published

Opinion

Daniei, Judge.

The slaves mentioned in the plaintiff’s declaration, were not the property of Miles Hardy and therefore did not pass to the plaintiff Harriet, on the death of her brother without issue, under the executory devise or bequest contained in her father’s will. The slaves originally belonged to Ducket, and the value of them went as so much money in satisfying the decree that was obtained against Ducket as executor. The transfer of these slaves by Dueket to Henry Hardy, vested in the said Henry the absolute legal estate. The amount of the decree, perhaps did belong to the plaintiffs, after the death of Henry without issue; and her interest* in the said decree might have been secured to the plaintiff by the court at the time it was rendered. But the Superior Cqjirt of Edgecomb was trying the question of legal property, and had no power to substitute the slaves that were rendered by Henry in satisfaction of that decree, for the money itself. We therefore think, that the judgment rendered in the said Superior Court must be af-finnqd.

Per Curiam — Judgment aeeirmrd.