{
  "id": 6755372,
  "name": "MARGARET ARMSTRONG against SIMONTON's ADMINISTRATORS",
  "name_abbreviation": "Armstrong v. Simonton's Administrators",
  "decision_date": "1818-01",
  "docket_number": "",
  "first_page": "266",
  "last_page": "267",
  "citations": [
    {
      "type": "nominative",
      "cite": "1 Taylor 266"
    },
    {
      "type": "official",
      "cite": "4 N.C. 266"
    }
  ],
  "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": 2690,
    "ocr_confidence": 0.546,
    "sha256": "29b05425a5f2bb0387a8d7c9f7c964feb71f8b32df8d5c69451de9bcffb2f424",
    "simhash": "1:20b648013b9db790",
    "word_count": 459
  },
  "last_updated": "2023-07-14T18:53:33.045765+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "MARGARET ARMSTRONG against SIMONTON's ADMINISTRATORS."
    ],
    "opinions": [
      {
        "text": "Hall J.\nIf the Plaintiff\u2019s husband had thought proper to have brought an action of detinue for the negroes in question;; and it would have been necessary to have joined his wife with him in the action, it follows, that as no action was brought the property survived to her ; and it has been decided in Johnson & Wife v. Pasteur, As well as in several other cases, that it was necessary to make the wife a party, because she was the meritorious cause of action. But I think those cases are unlike tjie present, hecause there the Defendants held adversely ; here the Defendant Claims under the bailment of the wife when sole, and it seems to be admitted in the case of Johnson & Wife, v. Pasteur, that when the Defendant is a trustee for the husband, that the'husband mdy brjng the suit in his name, in other words, that the possession of the bailee tyas the possession of the husband, and that therefore -the right of the husband was complete. ,.\nSeawell, J.\nFrom the statement in this case, the slave was either given or loaned.\nIf giver}, the Plaintiff ,cannot recover; and if loaned, the possession of the bailee was the possession flffrthe bailor,, and the property necessarily passed to the husband of the Plaintiff by the intermarriage. The action therefore cannot be sustained. The rule for a new trial must be dis.charged, \u2018 ,\nConfer. Rep. 464",
        "type": "majority",
        "author": "Hall J. Seawell, J."
      }
    ],
    "attorneys": [],
    "corrections": "",
    "head_matter": "MARGARET ARMSTRONG against SIMONTON's ADMINISTRATORS.\n\u25a0Where a De. adversely a claimed un, d\u00e9r a feme riage, th<f husbaiid and join \u00a1 where lep, the right of til e husband accrues p\u00edete'upon\" themarriage and the1 pos-bad\u00e9e\u00edshfs6 session,\nThis was ah action of detinue brought to recover a fe-siave an\u00bf her three children, elaimed under the following circumstances. The slave Ag\u00e1, the mother of the, children, was owned by the Plaintiff, whose daughter in-termayried with Simqnton, the Defendant\u2019s intestate then resid\u00e9nt \\a Georgia. Sorpe years after tl\\e marriage he visit to the Plaintiff who told him .to take Ag\u00e1 home wfth him, and Jo keep her in the event of his survi-but: if she, the Plaintiff survived, 4fd should contj-nue \u215b be hers. The Defendant took Air a accordingly ' _ ' and kept her m possession many years. Alter the loan or the Plaintiff intermarried, with Abel Armstrong. who died before Sfimonton,\nThe Judge before whom the cause was tried, instruct-? ed the Jury that if the transaction was a loan determinable at; the will of the lender, and. there was no adverse Possession set up, the property vested absolutely in Abel Armstrong on his intermarriage with the Plaintiff, and th\u00e1t his executors cquld alone recover it. The Jury found for the Defendant, and the case is sent here on a motion for a new trial.\nLoWBIE."
  },
  "file_name": "0266-01",
  "first_page_order": 264,
  "last_page_order": 265
}