{
  "id": 11277660,
  "name": "Thomas H. Smith et al. v. Robert Tucker",
  "name_abbreviation": "Smith v. Tucker",
  "decision_date": "1830-12",
  "docket_number": "",
  "first_page": "541",
  "last_page": "543",
  "citations": [
    {
      "type": "nominative",
      "cite": "2 Dev. 541"
    },
    {
      "type": "official",
      "cite": "13 N.C. 541"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 223,
    "char_count": 2895,
    "ocr_confidence": 0.392,
    "sha256": "2f3fd944fb50f5e52d4be3c68c12825fcdec15ad2d2416dc2f62fb7176ddb8be",
    "simhash": "1:0bad8d3fe2c400ce",
    "word_count": 504
  },
  "last_updated": "2023-07-14T18:28:37.349944+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Thomas H. Smith et al. v. Robert Tucker."
    ],
    "opinions": [
      {
        "text": "Ruffin, Judge.\nThe construction of the deed under which the Plaintiffs claim, is settled in our law. Upon the whole deed, the donees take in succession. The limitations over are unquestionably void. The construction may be varied by the law of another State, in which it was executed. If it was executed in Virginia, the Plaintiff should have proved the fact and the law of Virginia. It may be, and probably is the law in that State, that remainders in slaves after a life estate are valid, as they are known to certain purposes to have been part of the realty. But if it beso, the burden of making it appear rested on the Plaintiffs, and in ttie absence of such evidence, the opinion of the Court below is correct.\nPer Curiam. \u2014 Let the judgment of the Court below be affirmed.",
        "type": "majority",
        "author": "Ruffin, Judge."
      }
    ],
    "attorneys": [
      "The case was submitted without argument, by Nash, for the Plaintiffs. No Counsel appeared for the Defendant."
    ],
    "corrections": "",
    "head_matter": "Thomas H. Smith et al. v. Robert Tucker.\nFrom Stokes.\nSlaves were, before the act of 1823 {Rev. e\u25a0 1211) by deed, limited toa woman \u201cand her children at present living, and those she may her-.aftei have, to have, &e. to her in manner aforesaid, for life, and afterwards to her present children, and any which may hereaf- . ter be boro.\" Held, that the limitations being in succession, the mother toot the whole interest.\nM;ld also, that if the deed had been executed in a State where such limitations of slaves are valid, they would have been supported here.\nDetinue for several slaves. The Defendant pleaded the general issue, and the cause was tried before hia Honor Judge Strange. The Plaintiffs were the children of Eleanor Smith, mentioned in the following deed:\nDec. 1830.\n<= STATE OP VIRGINIA, ?\n\u201c Mecklenburg County. 5\n\u201c KNOW all men liy these presents, that I Robert \u00f1y\u00e1e, of tlie \u201ccounty, &c. for and in consideration of the natural love and afpec- \u201c tion I bear to Eleanor Smith, my sister, and her children by her \u201c present husband James Smith, and which she may hereafter have, <\u00a3 have this day granted, given and transferred to my said sister and \u201c hqr children, at present living, and those she may hereafter have, \u201c the following proner'y (setting forth the negroes claimed in .this ac- <( tion) to have and to hold the before mentioned property, to her \u201c the said Eleanor, in manner and form aforesaid, for and during her \u201clife, and afterwards to her present children, and any which may, \u201c hereafter be born of the said marriage, and which may he living at \u201c the time of her death, to be divided arpone them in equal portions, \u201c to them and their heirs forever. In witness whereof,\u201d &c.\nNo evidence of title, except this deed, was offered by the Plaintiff, and his Honor being of opinion that the. mother, Eleanor Smith, took the whole interest in the slaves, and that the Plaintiffs had no title, as tenants in common with their mother, a nonsuit was entered, and the Plaintiffs appealed.\nThe case was submitted without argument, by Nash, for the Plaintiffs. No Counsel appeared for the Defendant."
  },
  "file_name": "0541-01",
  "first_page_order": 561,
  "last_page_order": 563
}