Slater v. Magraw
Court of Appeals of Maryland
Appeal from Ilarford county court. This was an action of Covenant commenced on the 18th December, 1838, by the appellant against the appellees. The plaintiff declared, as follows— lsf Count.
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Appeal from Ilarford county court. This was an action of Covenant commenced on the 18th December, 1838, by the appellant against the appellees. The plaintiff declared, as follows— lsf Count. That whereas the said defendants, on the 26th July, 1838, at, &c., by their certain agreement, sealed, &c., covenanted to and with the said plaintiff, that they the said defendants, when thereto requested, would convey to the said plaintiff a good title to a certain negro slave called TJpton, to hold the said negro to the said plaintiff as his slave for the term of ten years from the day and year…
1Opinion of the CourtStephen, J.
Upon the pleadings in this case, according to the true construction of the covenant, which furnishes the basis of the plaintiff’s action, we think the judgment rendered by the court below was correct, and ought to be affirmed. The declaration contain four counts, in neither of which does the plaintiff set out a good and sufficient cause of action, accord-to the sound legal interpretation of the contract upon which he has declared. The first count charges a joint covenant by the defendants, that they would convey a good legal title to the plaintiff for the negro slave called TJpton; this is…
2Cited by2 opinions
- Hanley v. DonoghueCourt of Appeals of Maryland · 1883
- Lahy v. HollandCourt of Appeals of Maryland · 1849