Eckles v. Carter
Supreme Court of Alabama
Appeal from the Circuit Court of Pike. Tried before the Hon. John Gill Shorter. Action of covenant by Eckles & Brown against Hirain Carter, to recover damages for defendant’s breach of warranty of the soundness of a slave. The bill of sale was under seal, and the consideration was expressed in it to be eight hundred and fifty dollars.
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Appeal from the Circuit Court of Pike. Tried before the Hon. John Gill Shorter. Action of covenant by Eckles & Brown against Hirain Carter, to recover damages for defendant’s breach of warranty of the soundness of a slave. The bill of sale was under seal, and the consideration was expressed in it to be eight hundred and fifty dollars. The court below allowed the defendant, against plaintiffs’ objection, to show by parol evidence that the consideration, though expressed in the bill of sale to be a sum of money, was another slave, which he had received in exchange from the plaintiffs, — that on…
1Opinion of the CourtGoldthwaite, J.
—The action was on a covenant of warranty of soundness, in a sealed bill of -sale of a slave. The consideration expressed in the instrument was eight hundred and fifty dollars; and parol evidence was admitted to show, that the real consideration was not money, but another slave. The action of the court in this respect is the ground of the first assignment .of error.
In England it is settled, that the recital of the consideration money in a deed, in the absence of fraud, is conclusive upon the parties upon all questions arising out of the instru» *565ment itself.—Shelley v. Wright, Willes 9;…
2Cases cited9 opinions
- M'Crea v. PurmortCourt for the Trial of Impeachments and Correction of Errors · 1836
- Wilkinson v. ScottMassachusetts Supreme Judicial Court · 1821
- Belden v. SeymourSupreme Court of Connecticut · 1831
- Shephard v. LittleNew York Supreme Court · 1817
- Jack v. DoughertySupreme Court of Pennsylvania · 1834
4 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Henry v. Murphy & Co.Supreme Court of Alabama · 1875
- Kinnebrew's Distributees v. Kinnebrew's AdministratorsSupreme Court of Alabama · 1860
- Wilkerson v. TillmanSupreme Court of Alabama · 1880
- Harraway v. HarrawaySupreme Court of Alabama · 1902
- Tison & Gordon v. People's Saving & Loan Ass'nSupreme Court of Alabama · 1876
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