Taymon v. Mitchell
High Court of Chancery of Maryland
[The bill was filed in tbis case on the 3d of October, 1848, to vacate a sale of negroes made by the administrator of James Mitchell, deceased, to the complainant, on or about the 1st of May in that year.
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[The bill was filed in tbis case on the 3d of October, 1848, to vacate a sale of negroes made by the administrator of James Mitchell, deceased, to the complainant, on or about the 1st of May in that year. The bill charged the defendants with having made fraudulent misrepresentations of the value and condition of the negroes; they having stated that they were appraised in the inventory at twelve hundred dollars, when they were in fact only appraised at seven hundred and fifty dollars; and that they were of sound and healthful constitutions, when they were radically and permanently diseased.…
1Opinion of the Court
The Chancellor :
The case has been fully and very well discussed at the bar ■ and the court has bestowed upon it all the reflection which its importance and the considerations connected with it require.
That the negroes were diseased prior to, and at the time of the sale, and since; and that the price paid for them greatly exceeded their value, has, I think, been incontestibly established by the proof. And it is also clearly shown, that the complainant purchased them under the erroneous impression that they were sound and healthy negroes ; the price being a full one for slaves of that…
2Cases cited4 opinions
- Thornton v. WynnSupreme Court of the United States · 1827
- McFerran v. TaylorSupreme Court of the United States · 1806
- Durell v. HaleyNew York Court of Chancery · 1829
- Franklin & Armfield v. LongCourt of Appeals of Maryland · 1836
3Cited by3 opinions
- Whalen v. GordonCourt of Appeals for the Eighth Circuit · 1899
- Boothby v. ScalesWisconsin Supreme Court · 1871
- Cole Silver Min. Co. v. Virginia & Gold Hill Water Co.U.S. Circuit Court for the District of Nevada · 1871