Scott v. Scott's Administrator

The Chief Justice

delivered the opinion of the court.*

This was an action on the case. The declaration contains several counts. The first alledges that the defendant’s intestate sold to the plaintiffs a slave; and that he undertook and promised that he had good title and lawful right to sell; and avers that the defendant’s intestate had no title or right to sell, and that the title of the slave was, at the time of the sale, in one Elizabeth Robertson. The second count, in addition to the averments contained in the first, alledges a recovery of the slave by Elizabeth Robertson from the…