Haralson v. Walker
Supreme Court of Arkansas
Appeal from Prairie Circuit Court. Hon. John 0. Olendenin, Circuit Judge. The second plea was clearly good. Haralson’s bond did not bind him to deliver the negro, if dead. The act of God or the public enemies always did excuse the performance of a covenant, if it thereby became impossible. Ch. on Con. 635; Shep. Touch. 173, 382; The People vs. Manning, 8 Orneen, 297; 4 Picfc. 101; 19 John. Pep. 44.
1Opinion of the CourtJustice Fairchild
The plaintiffs, appellees here, and Haralson, the appellant, had demands against John W. Walton, and for their satisfaction had, in some way not shown, got control of a negro girl, Violet, and Haralson took her into possession. Violet was, however, claimed by Cynthia Sloan, who was asserting the claim by suit in the circuit court of Marshall county, Mississippi, when Haralson entered into an obligation to the plaintiffs, that if judgment should be obtained for the taking of Violet, he would surrender her to the proper officers, to be applied to its payment, or would pay on the judgment the…
2Cited by1 opinion
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