McGehee v. Rump
Supreme Court of Alabama
'Appeal from the Circuit Court of Macon. '.Tried before the Hon. Nat. Cook. This action was brought by Allen C. McGehee, asrainstr James Rump, to-recover damages for a breach of warranty of the soundness ofia slave named Myra, alleged to have been sold by defendant to plaintiff on the 29th January,. 1,854. No pleas appear in the record.
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'Appeal from the Circuit Court of Macon. '.Tried before the Hon. Nat. Cook. This action was brought by Allen C. McGehee, asrainstr James Rump, to-recover damages for a breach of warranty of the soundness ofia slave named Myra, alleged to have been sold by defendant to plaintiff on the 29th January,. 1,854. No pleas appear in the record. On the trial, as the bill of exceptions shows, the- plaintiff read in evidence, after proving its execution, the bill of sale executed to him, by the defendant, (which is copied in the opinion of the court,) and then adduced - evidence tending to show the.…
1Opinion of the CourtStone, J.
This record presents but a single question. The plaintiff was a negro-trader, living in the State of Georgia. He instituted suit -to recover of' defendant damages for a breach of’warranty of soundness of a slave named Myra. The defendant’s bill oí sale is as follows: Eeceived from Allen C. McGehee six hundred dollars, for negro girl Myra, twelve years old. The right and title of the said girl I do warrant and defend against the claims of all persons whomsoever, and warrant sound and healthy, «both in body and mind; as witness,” &c. Cotemporaneously with the execution of this bill of sale…
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