Thompson v. Chumney
Texas Supreme Court
Appeal from Sail Augustine. Suit by Thompson against Chumney to recover a slave named Jack. There was no question on the pleadings.
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Appeal from Sail Augustine. Suit by Thompson against Chumney to recover a slave named Jack. There was no question on the pleadings. The statement of facts was as follows: Be it remembered that on the trial of this ease the plaintiff offered in evidence the following bill of sale after proving its execution : Received of Thomas Clmmney four hundred dollars, in full payment of the purchase-money of a certain negro slave named Jack, aged about sixteen or seventeen years, of yellow complexion, which I warrant to be sound of body and mind and a slave for life, and do hereby warrant and forever…
1Opinion of the Court
Hemphill, Cii. J.
The question in this case is whether tiie transaction between the parties was a conditional sale or mortgage. The bill of sale on its face is absolute. But a bond was given by the purchaser to reconvey on the payment of the purchase-money. Tiie instruments, taken together, constitute a conditional bill of sale, but tiie appellant contends that it was intended by the parties as a mortgage and as a security for tiie payment of money loaned. Parol evidence was introduced to show the real purpose and intention of the parties in tiie transaction. Tiie jury found for the defendant,…
2Cited by5 opinions
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