Bowman v. Ware
Supreme Court of Louisiana
Appeal from the court of the first judicial district. This is a redhibitory action to rescind the sale of a negro woman and her two small children on the ground of redhibitory defects and diseases in the woman, and to recover back the price paid.
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Appeal from the court of the first judicial district. This is a redhibitory action to rescind the sale of a negro woman and her two small children on the ground of redhibitory defects and diseases in the woman, and to recover back the price paid. The .plaintiff, Mrs. Bowman, alleges she purchased said slaves for the price of $1800, shortly after they had been brought from Mississippi by the defendant, and she has discovered [598] that the woman is afflicted with chronic rheumatism in the ankles and wrists to such a degree as to render her perfectly useless; and especially so inconvenient and…
1Opinion of the CourtMartin, J.
The defendant is appellant from a judgment in a redhibitory action, setting aside the sale of a female slave and her two children.
The defence in this court, relates to the want of a tender of the slaves. The petitioner alleges that she tendered said slaves back to the defendant on condition of refunding the price, and is now ready to deliver them back on the terms aforesaid. This is certainly a sufficient allegation. A witness has sworn that at the request of the plaintiff he called on the defendant and stated to him the defects in the slave, of which she complained; and further stated to him…
2Cases cited1 opinion
- Janin v. FranklinSupreme Court of Louisiana · 1833