Gant v. . Hunsucker
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Gaston County, Spring Term, 1S51, his Honor Judge Battle presiding. This is covenant on a general warranty of title, contained in a bill ot sale made by the defendant to the plaintiff on the 21st of September, 1847, for two slaves, and expressed to be for the consideration of one dollar.
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Appeal from the Superior Court of Law of Gaston County, Spring Term, 1S51, his Honor Judge Battle presiding. This is covenant on a general warranty of title, contained in a bill ot sale made by the defendant to the plaintiff on the 21st of September, 1847, for two slaves, and expressed to be for the consideration of one dollar. The pleas are) non est factum, no breach, and a special plea, that the deed was obtained from the defendant without consideration and by the fraud of the plaintiff. ' On the trial, the signing, sealing, and delivery of the deed to the plaintiff were not disputed. The…
1Opinion of the CourtRuffin, C. J.
This Court has no cognizance of the motion for a new trial: which was addressed entirely to the discretion of the Court, in which the trial was, and ought not to encumber the bill of exceptions.
The point respecting the damages presented questions "on the trial of some novelty, and, nerhaps, of not very easy solution. The difficulty would not, indeed,. arise out of' a 'supposed restriction of a purchaser of slaves to the recovery of damages to the amount of the purchase money mentioned in the bill of sale, and interest thereon, in analogy, apparently, to the rule relative to the warranties of…
2Cited by5 opinions
- Furst v. . MerrittSupreme Court of North Carolina · 1925
- Furst & Thomas v. MerrittSupreme Court of North Carolina · 1925
- State v. . AshfordSupreme Court of North Carolina · 1897
- Cutler v. Roanoke Railroad & Lumber Co.Supreme Court of North Carolina · 1901
- Cutler v. . R. R.Supreme Court of North Carolina · 1901