Prather v. Norflet

Judge Logan

delivered the opinion of the court.

Prather obtained from Norflet a bill of sale for a negro, and at the same time executed a writing to Norflet, that if *'le negr0 were living, he would re-deliver him, upon Nor-flet’s repaying him a given sum by a certain day, and a-gréeing if the negro should die, to sustain the loss. The nCgr0 ¡¡ved beyond the day specified, and died shortly *179thereafter. Several years after his death, Prather filed his bill, charging that the negro was only mortgaged for the re-payment of the morfey, and praying a decree against Norflet for the amount thereof. The…