Sparks v. . Messick
Supreme Court of North Carolina
Motion to dissolve an inj unction heard before Cloud, J., at Spring Term, 1871, of Yadkin Superior Court. The plaintiffs gave their single bill to the defendant Elisha Messick during the years 1857, or 1858, for fourteen hundred dollars, in consideration of a family of negroes sold by the defendant, Elisha Messick, to the plaintiff Joseph Sparks.
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Motion to dissolve an inj unction heard before Cloud, J., at Spring Term, 1871, of Yadkin Superior Court. The plaintiffs gave their single bill to the defendant Elisha Messick during the years 1857, or 1858, for fourteen hundred dollars, in consideration of a family of negroes sold by the defendant, Elisha Messick, to the plaintiff Joseph Sparks. The ■negroes went into the possession of plaintiff, Joseph, in 1857 or 1858, who kept them until their emancipation, except a female slave who died during the year 1868. These slaves were bequeathed by the last will aud testament of George Messick to…
1Opinion of the CourtEodman, J.
The argument for the plaintiffs requires the maintenance of three propositions :
1. That Messick, the executor, who sold the slave, had no title.
2. That he warranted the title.
3. That in consequence of the defect, the plaintiff, although .he continued to hold the slave from 1858, or thereabouts, until ¡her death in 1863, might rescind the sale, and refuse payment of the price.
1. It is not necessary to examine particularly the first proposition, as it is conceded.
2. The second requires-a little more consideration. It seems to be the law in England, that as a general rule, there is no implied…
2Cases cited2 opinions
- Van Ostrand v. ReedNew York Supreme Court · 1828
- Bingham v. MaxcyIllinois Supreme Court · 1853
3Cited by2 opinions
- Farquhar Co. v. Hardy Hardware Co.Supreme Court of North Carolina · 1917
- Martin v. . McDonaldSupreme Court of North Carolina · 1915