Walker v. Mebane
| Decision Date | 30 June 1805 |
| Citation | 5 N.C. 41 |
| Parties | WALKER v. MEBANE AND RAINEY. |
| Court | North Carolina Supreme Court |
A gave a negro slave to his niece B, and agreed to keep the slave at his own expense during his life. Before A's death, B intermarried with C, who, after A's death, brought an action of detinue for the slave in his own name. The possession of the slave having vested in B by the gift, and A having held her during his life for the use of B, C can maintain the action in his own name.
THIS was an action of detinue for a negro girl slave; and upon the trial it appeared that William Mebane gave to his niece, Jennet Graham, the negro slave in question when she was a small girl, and not wishing to separate her from her parents during his life, he agreed with his niece to keep the negro girl at his own expense during his life. She remained with him accordingly. Before his death, his niece, Jennet Graham, intermarried with the plaintiff, John Walker, who, after the death of William Mebane, brought this suit against the defendants Mebane and Rainey, who, as executors of said William Mebane's will, had taken the negro girl into their possession. A question arose upon the trial, and was sent to this Court for the opinion of the judges, "Whether the plaintiff could maintain this action in his own name, and whether it ought not to have been brought in the names of himself and his wife, Jennet."
By MACAY, TAYLOR and LOCKE, JJ. We are of opinion that the action will lie in the name of the husband alone, and that the name of the wife need not be joined.
HALL, J., contra.
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