Halifax County, NC - James Reid v. Josiah Powell, 1811

                            From Halifax

In detinue for a slave A was offered by the defendant as a witness, and 
being sworn on his voir dire, said he as constable had sold the negro 
under an execution at the instance of B, and at the sale also acted as 
B's agent, and bid off the negro, and by the direction of B, executed a 
bill of sale, as constable, to C, the defendant. A is a competent witness 
to prove these facts to the jury.

This was an action of detinue for a negro slave. On the trial one Gregory
being called as a witness for the defendant, was sworn on his voire dire,
and said that he as constable had sold the negro in question, under an
execution at the instance of one Bell; that at the sale he also acted as
agent for Bell, and bid off the negro for Bell's use, and afterwards, by
the direction of Bell, he, as constable, made a bill of sale for the negro
to the defendant, who was not a bidder. The presiding judge thought Gregory
was not a competent witness; he was set aside, and a verdict was rendered
for the plaintiff. A rule for a new trail was obtained and sent to this
Court.

By the Court. Let the rule be made absolute.


Source:
NC Reports, 1811
NC Supreme Court
Pg 44

______________________________________________________________________

Copyright. All rights reserved.
http://www.usgwarchives.net/copyright.htm

This file was contributed for use in the USGenWeb Archives by
Guy Potts - gpotts1@nc.rr.com
______________________________________________________________________