Johnson v. Davenport

Judge Buckner

delivered the opinion of the court.

Johnson instituted an action of covenant againat Davenport, upon a writing usually called a bill of sale, in which Davenport warranted that a slave which he had sold to the plaintiff, on the 4th of September, 1824', was sound; but which plaintiff" alleged to have been laboring, on the date of the execution of the-covenant, under an incurable malady, denominated the Cachexia Africana, of which he died in the November next thereafter. The defendant relied upon the plea of covenants performed, and obtained a verdict and judgment in his favor; to…