Garland v. Stewart
Mississippi Supreme Court
In error from the Circuit Court of Hinds county. Hon. John I. Guión, judge. Eor a history of the case reference is made to the opinion of the court. Contended that the proof did not show that the sale was complete, and that the title to the property had passed to Garland. That it was a mere proposition to sell, which by the terms of the agreement was to remain inchoate and incomplete, until the draft was given and accepted, and the slave delivered.
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In error from the Circuit Court of Hinds county. Hon. John I. Guión, judge. Eor a history of the case reference is made to the opinion of the court. Contended that the proof did not show that the sale was complete, and that the title to the property had passed to Garland. That it was a mere proposition to sell, which by the terms of the agreement was to remain inchoate and incomplete, until the draft was given and accepted, and the slave delivered. That the draft was to be accepted by the Hilzheims, and that the security was to be given before the seller parted with his property; and that in…
1Opinion of the CourtFisher, J.
The defendants in error brought this action in the Circuit Court of Hinds county, to recover the sum of $600, and interest thereon, being, the price which it is alleged the plaintiff in error agreed to pay for a certain slave, sold to him by the defendants in error.
The defence set up was, that the contract was not complete, and that the slave died before. the contract was completed. The material facts, as disclosed by the evidence of the plaintiffs below, are these: Hilzheim proves that in 1852, he agreed to purchase from Stewart, one of the plaintiffs, the said slave, that the witness was…
2Cited by5 opinions
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