Actions for North Carolina, Supreme Court, Raleigh : Baines et al (executors) v Drake, December 1857

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North Carolina, Supreme Court, Raleigh : Baines et al (executors) v Drake, December 1857

Published
Raleigh, North Carolina : North Carolina Supreme Court, 1857.
Physical Description
1 online resource
Additional Creators
Adam Matthew Digital (Firm)
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Summary
Jack was sold in 1856 for [dollars] 900 to the defendant by the executor Baines after the death of Chrischany Strickland. The defendant argued that the slave was utterly worthless, had been unsound for years before the sale, was sick at that time, and died a few days afterwards. This evidence was ruled inadmissible in the lower court and it said that the plaintiffs were entitled to recover the sale price. The defendant appealed arguing that the sale should have been made by both executors, not just one, and that their assent to the end of the life estate in the slave took the property out of their power and thereby there was no consideration for the sale. The Supreme Court dismissed both these points. On the issue of the slave's heath, it ruled that the defendant should bring an action for deceit or breach of warranty as the proper method of seeking redress on a special contract for a sale at an agreed price.
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Reproduction Note
Electronic reproduction. Marlborough, Wiltshire : Adam Matthew Digital, 2007. Digitized from a copy held by the North Carolina State Archives.
Location of Originals
North Carolina State Archives
Copyright Note
Material sourced from the North Carolina State Archives
View MARC record | catkey: 41985363