{
  "id": 6754805,
  "name": "LASPEYRE against M'FARLAND",
  "name_abbreviation": "Laspeyre v. M'Farland",
  "decision_date": "1817-07",
  "docket_number": "",
  "first_page": "187",
  "last_page": "189",
  "citations": [
    {
      "type": "nominative",
      "cite": "1 Taylor 187"
    },
    {
      "type": "official",
      "cite": "4 N.C. 187"
    }
  ],
  "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": [
    {
      "cite": "2 Johns. 221",
      "category": "reporters:state",
      "reporter": "Johns.",
      "case_ids": [
        6772979
      ],
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    {
      "cite": "11 Johns. 7",
      "category": "reporters:state",
      "reporter": "Johns.",
      "case_ids": [
        2137608
      ],
      "opinion_index": -1,
      "case_paths": [
        "/johns/11/0007-01"
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  "last_updated": "2023-07-14T18:53:33.045765+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "LASPEYRE against M'FARLAND."
    ],
    "opinions": [
      {
        "text": "Ruirifr, J.\ndelivered the opinion of the Court:\nThis is an action of trover for a negro slave;\u2014and the question is, Whether it is the proper action or not ? By the marriage settlement, the title of the slave is in the trustee, who permitted the Plaintiff, however, to have the possession. It is one of the characteristic distinctions between this action and trespass, that the latter maybe maintained on possession ; the former only on property and the right of possession. Trover is, to personals, what ejectment is as to the realty. In both, title is indispensable. It is true, that as possession is the strongest evidence of the ownership of chattels, property may be presumed from possession. And, therefore, a Plaintiff may not, in all cases, be bound to show a good title by conveyances against all the world, but may recover in trover upon such presumption, against a Wrongdoer. Yet it is but a presumption, and cannot stand when the contrary is shown. Here it is completely rebutted by the deed, which shows the title to be in another and not in the Plaintiff. As to the Plaintiff\u2019s interest under the deed, that is only a trust, and we cannot take notice of it. It is nothing here. A Court of Law can only, regard legal rights ; and if the Plaintiff wishes to come into this Court, upon his title, he must get the aid of his trustee, \u00bbnd proceed in his name,\nWherefore, I think the nonsuit must stand.",
        "type": "majority",
        "author": "Ruirifr, J."
      }
    ],
    "attorneys": [
      "M^Kay, for the Defendant."
    ],
    "corrections": "",
    "head_matter": "LASPEYRE against M'FARLAND.\n\u2022 TROVER for a slave, of which the Plaintiff had been in possession for fourteen years. The Defendant showed no title in himself, but offered in evidence a marriage settlement entered into by the Plaintiff, his wife, and William Dasns, whereby this slave among others, was con- . - J \u00b0 \u2019 veyed to Davis as a trustee, to permit the wife of the Plaintiff to have the labour and profits, and to allow the slave to b\u00e9 under the direction of the Plaintiff. Th\u00e9 Plaintiff was nonsuited \u215b the Superior Court, and a mo* to, set the nonsuit aside, was referred to this Court.\nTrover cao* possession of where it ip. Pears Aatthe. legal title is in another, & puunqffha\u00bb only a trust,\nM^Kay, for the Defendant.\nProperty, either general or special, is necessary to main* tain trover. The Plaintiff has but an equitable title* which the Court cannot notice. The legal title is by the deed vested in Ddiiis, the trustee.\n3^-ordecah The Defendant relies upon-'no title, and' must, therefore, be taken as a stranger and Wrongdoer; against whom the Plaintiff has a sufficient propei ty to maintain trover. Even possession alorie is sufficient for this purpose, and here it is expressly stated to have been, with the permission of the owner.\n11 Johns. 7 T. Rep. 43. 2 Esp. Rep. 500. 2 Str. 1078. 2 Johns. 221. 6 Term 684.\n5 Coke, Palmer's case Cro. Eliz. 819. 2 Saun. 47. c."
  },
  "file_name": "0187-01",
  "first_page_order": 185,
  "last_page_order": 187
}