Westmoreland v. Walker
Mississippi Supreme Court
In error from the circuit court of Itawamba county; Hon. Hugh R. Miller, judge. Walker and Atkinson brought suit in the circuit court of Itawamba county against Westmoreland, upon a promissory note, which was part of the consideration agreed to be given by W. to W. and A., for a slave purchased from the latter persons, and which negro slave they warranted sound.
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In error from the circuit court of Itawamba county; Hon. Hugh R. Miller, judge. Walker and Atkinson brought suit in the circuit court of Itawamba county against Westmoreland, upon a promissory note, which was part of the consideration agreed to be given by W. to W. and A., for a slave purchased from the latter persons, and which negro slave they warranted sound. The evidence for W. in the case showed the slave to be unsound, and in other respects not such as the bill of sale warranted the slave to be; but there was conflict in the testimony as to the soundness of the slave. The court below…
1Opinion of the CourtJustice Fisher
This was an action of assumpsit in the circuit court of Ita-wamba county, founded upon the promissory note of the plaintiffs in error to the defendants in error, for part of the purchase-money, agreed to be paid for a certain slave.
The bill of sale executed by the plaintiffs below warrants the slave to be sound in body and mind. The evidence on the part of the defendants below shows him to be unsound in body, and to possess a weak mind. The slave is represented in the bill of sale to be 27 years old. The proof shows him to be 38 or 40 years old. There is some conflict in the testimony as to…
2Cited by2 opinions
- National Cash Register Co. v. HudeMississippi Supreme Court · 1918
- King v. ManningMississippi Supreme Court · 1921