30 N.C. 426 | N.C. | 1848
The action is detinue for two slaves, and, on the general issue pleaded, the evidence at the trial was that the defendant married a daughter of one Allison, the plaintiff's intestate, and that upon the marriage Allison sent home with the defendant's wife the two negroes, and that they remained in the defendant's possession until the death of Allison, which happened about twenty years afterwards. Upon this evidence the defendant insisted that the slaves were to be considered as having been given as an advancement from his father-in-law to him, and of that opinion was the court. To repel that inference the plaintiff alleged that the negroes were not given, but were expressly lent to the defendant, when they were put into his possession; and in support of that position the plaintiff offered to prove by a witness that, some short time after the negroes went into the defendant's possession, Allison told the witness (neither the defendant nor his wife being present) that he had lent the negroes to the defendant, and had not given them to him. But upon objection by the defendant, the court rejected the evidence. The defendant obtained a verdict and judgment, and the plaintiff appealed.
We think the act of 1806 does not alter the rule of evidence before applicable to such cases, and, therefore, that the evidence here was properly rejected. In this very case it has heretofore been decided that parol gifts are alone within the purview of the proviso to the act of 1806 (
PER CURIAM. Judgment affirmed.
Cited: Meadows v. Meadows,
(431)