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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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