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Pierce v. Turner U.S. 154 (1809)

handle is hein.slavery/ussccases0028 and id is 1 raw text is: SUPREMB .COURT V. S. VtOiZETT the fact of insolvency. Other testimony may be pV,,, admitted. It would therefore have been proper to leave it to the jury to determine whether it was, at any tiine, in the power of the plaintiff to have made the.money due on this note, or any part of it, from the maker by suit; and their verdict ought to have been regulated by the testimony in this respect. This-opihion was not-required. This . coqrt is of opinion that there is no error, and that thejudment is to be ajirmed with costs. PIERCE v. TURNER. The net of as. ERROR 'to the circuit court of the district of sembly of Vir- Columbia, sittig at Alkxandria, in an action of debt gini e hih brought by Pierce against Rebecca Turner, charging corded deeds her'as executrix in her own wrong of her late hus- Void as to cre. band, Charles Turner, deceased, difore, ond sub- ecjquent pur- chusers, means Upon the issue of never excrttrix, the jury ereditolrs of, sueectiheur and subsequent iound a special verdict, stating in substance the fol- pnrehaers lowing case frorn,thie gymt- A marringe On the14th of Feruary, 1798, the defendant, by nettlement the the uame of Rebecca Kenner, being a fethe sole, wife's nd hud and seised and possessed, in her own right, of cer- shives to tritlst- s, by a dcI, tain land and slaves, conveye.d the same by deed, in to which the consideration of an intended marriage between her- husband was a self and Charles Turner, to trustees, to be held in party,althou'gh Snt recorded, trust for the use of herself' until the marriage protects the should be solemnized, And from and aifter the so- 1he eceditors lemnization thereof to the, use of herself and the of the hus. said Charles Turner, and the longest liver of them, band. ancL from and' after their- deaths, to the use of her heirs, The deed purports to be an indenture tripar-. tite, in-which Charles TUrneir is nathed as the sd- cond party, and as such he duly executes the deed;

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